Delta Airlines 2010 Annual Report Download - page 155

ARTICLE 6.
CONSTRUCTION OF THE PHASE I IAT PROJECT
Section 6.01. Construction Of The Phase I IAT Project. (a) Delta hereby covenants and agrees, utilizing the proceeds of the Series 8 Bonds (which shall
be made available to Delta for such purposes as provided for herein and in the Series 8 Bond Documents), to diligently design, construct and complete the
Phase I IAT Project, in a first-class workmanlike manner, using new, first-class materials and equipment, substantially in accordance and in compliance with
the Phase I IAT Project Contract Documents, and in compliance with (i) all applicable Laws, (ii) the Port/IAT Lease, (iii) the Basis of Design, and
(iv) applicable Port Authority Rules and Regulations (including the Port Authority's tenant alteration application process). The provisions of Section 18A of
the Port/IAT Lease (and other provisions of the Port/IAT Lease that expressly reference or are deemed to reference Section 18A) insofar as they relate to the
construction and completion of the 2010 Delta Expansion Project (as defined in the Port/IAT Lease) are hereby incorporated herein by this reference and shall
be binding on Delta; provided that, other than as expressly provided in Article 34, Delta shall have no other environmental obligations or liabilities under
Article 18A of the Port/IAT Lease. Delta shall enter into all Phase I IAT Project Construction Contracts with Approved Contractors in such forms as Delta
may determine except that the construction contracts for the Phase I IAT Project shall be fixed priced contracts or guaranteed maximum cost contracts
obtained through a competitive bidding process acceptable to Delta and IAT in all respects; provided, however, that Delta (with IAT's approval) may select
other construction delivery methods or formats for specific portions of the Phase I IAT Project. Delta and IAT have appointed the Construction Administrator
for coordinating the design and construction of the Phase I IAT Project pursuant to the Construction Administration Services Agreement.
(b) The Phase I IAT Project shall be designed and constructed to meet Delta's and IAT's requirements and specifications, with quality of construction
and finishes matching the quality of construction and finishes in the current Terminal 4 ("Terminal 4 Standards") and the Basis of Design, except as
otherwise approved by IAT and the Port Authority. However, Delta and IAT agree to cooperate in an effort to satisfy the budgetary constraints set by Delta
in consultation with IAT ("Budgetary Limits") through modifications to the construction plans and/or specifications, which modifications shall also be
consistent with the Terminal 4 Standards and the applicable Basis of Design. The Phase I IAT Project is more particularly described as the "2010 Delta
Expansion Project" in the Port/IAT Lease.
(c) Attached hereto as Schedule 6-1 is a list of the construction schedules, plans and specifications, Tenant Alteration Applications (as defined in the
Port/IAT Lease) and other similar technical construction documents relating to the Phase I IAT Project that have been approved by IAT and Delta as of the
date hereof. Included on said Schedule 6-1, for each document, is a correct and complete list of all amendments, supplements, replacements, modifications,
change orders and other changes relating thereto in effect as of the date hereof, including all Change Orders (as defined in the Port/IAT Lease), that have
been approved by IAT and Delta. IAT and Delta hereby acknowledge and agree that they have approved the documents listed on said Schedule 6-1 ("Base
Line Plans").
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