Delta Airlines 2010 Annual Report Download - page 154

applicable provisions of the Port/IAT Lease and the Bond Documents, any amount paid or payable (as the case may be, a "Reimbursement") to Delta by
the Construction Administrator, any Approved Contractor, any Construction Contractor, any insurance provider, any Governmental Authority or any other
Person (as the case may be, a "Reimbursement Payor") in respect of any portion or component of the Phase I IAT Project, any trade fixture, equipment or
other personal property, or the related construction or installation thereof, in each case that was purchased or financed, in whole or in part, with the
proceeds of the Series 8 Bonds (as the case may be, "Tax Exempt Financed Property"), including, without limitation, in respect of (i) overpayments by
Delta to any such Reimbursement Payor (whether such Reimbursement is paid to Delta in the form of an uncontested refund upon request, in the form of
damages awarded in litigation or arbitration, paid to Delta in settlement of a litigation or arbitration claim, or otherwise), (ii) damages awarded in litigation
or arbitration, paid to Delta in settlement of a litigation or arbitration claim, or otherwise, relating to any claim Delta may have against any such
Reimbursement Payor for breach of contract, in tort or any other cause of action, (iii) insurance proceeds, and (iv) condemnation proceeds; provided that,
with respect to any Reimbursement made in respect of property not purchased or financed entirely with the proceeds of the Series 8 Bonds, to the extent
that such Reimbursement exceeds the amount required to be paid to the Trustee or other any Person pursuant to the Port/IAT Lease or any Transaction
Document, Delta may retain a percentage of such excess equal to the percentage of the related Tax Exempt Financed Property that was not purchased or
financed, directly or indirectly, with the proceeds of the Series 8 Bonds.
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