Delta Airlines 2010 Annual Report Download - page 156

(d) Attached hereto as Schedule 6-2 (as the same may be updated from time to time by IAT and Delta) is a list of construction schedules, plans and
specifications, proposed Tenant Alteration Applications and other similar technical construction documents, or categories thereof, relating to the Phase I
IAT Project that IAT and Delta acknowledge and agree have not yet been prepared or have not yet been approved by IAT and Delta. To the extent such
items have not yet been prepared, Delta shall prepare the same and submit or shall cause the preparation and submission of the same to IAT for review in
contemplation of approval. To the extent such items have not yet been approved, IAT and Delta shall cooperate to approve such items or to revise such
items as necessary to achieve approval thereof by IAT and Delta. Delta, IAT, the Construction Administrator and design consultants will work together to
continue to prepare construction schedules, plans and specifications, Tenant Alteration Applications and other similar technical construction documents,
which shall be submitted to IAT and Delta, as applicable, for their review in contemplation of approval. Upon approval of any such construction schedules,
plans and specifications, Tenant Alteration Applications and other similar technical construction documents by IAT and Delta, such construction
schedules, plans and specifications, Tenant Alteration Applications and other similar technical construction documents shall be deemed included in the
Base Line Plans.
(e) The Base Line Plans and the construction schedules, plans and specifications, Tenant Alteration Applications, and other similar technical
construction documents with respect to the Phase I IAT Project deemed included therein pursuant to the preceding subsection (d) together with the Phasing
Strategy are collectively referred to herein as the "Phase I IAT Project Contract Documents". Once any Phase I IAT Project Contract Document
(excluding the Phasing Strategy) has been approved by Delta and IAT, such Phase I IAT Project Contract Documents (other than the Phasing Strategy)
shall not thereafter be amended, modified, supplemented or otherwise changed in any material respect, and no Change Orders shall be submitted, without
the consent of Delta and IAT, provided that, no formal amendment to this Agreement or other agreement shall be required to evidence such consent by
either party.
(f) Subject to the provisions of this Section 6.01(f), IAT shall cooperate with Delta in connection with all draw requests made under the Series 8 Bond
Documents to pay Project Costs or reimburse Delta for Project Costs, subject to receipt from Delta of (x) the Standard Draw Documentation (appropriately
completed), and (y) the applicable information referenced in Schedule 6-3 together with the supporting documentation as may be reasonably required in
connection with such draw request. No portion of any draw request submitted by Delta pursuant to this Section 6.01(f) shall be to pay (or to reimburse
Delta for paying) any cost that is not eligible to be paid (or reimbursed) upon delivery of a Series 8 Requisition Certificate pursuant to the terms of the
Trust Administration Agreement. Subject to the provisions of this Section 6.01(f), within five (5) Business Days of receipt of the Standard Draw
Documentation and such other documentation from Delta, provided that Delta has complied with Section 5.1.6 (Contractor/CM & Consultant Payment
Processing) of the Delta/JFK IAT Redevelopment Program-Program Procedures Manual in effect at such time, IAT shall, deliver a corresponding related
draw request for the proceeds of the Series 8 Bonds under the Series 8 Bond Documents and apply the proceeds thereof to pay Project Costs or reimburse
Delta for Project Costs, as directed by Delta, and if IAT shall receive any such amounts which it is not entitled to retain, IAT shall hold, and be deemed to
hold, the same in trust for Delta (subject to the
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