Delta Airlines 2010 Annual Report Download - page 160

Documents, extensions of the Substantial Completion date, or exercise of rights under performance bonds and other actions reasonably requested by Delta and
approved by IAT, provided that, the Terminal 4 Standards, the Terminal 4 O&M Performance Standards, and the Basis of Design are maintained and
complied with unless otherwise agreed to by IAT and Delta and the applicable requirements of the Port/IAT Lease (including the Basis of Design) are
complied with unless otherwise agreed to by the Port Authority and IAT in their sole discretion.
Section 6.03. Terminal 2-4 Connector. (a) Delta covenants and agrees that, at its sole cost and expense (without utilizing proceeds of any Terminal 4
Project Bonds), Delta shall design, construct and complete the Terminal 2-4 Connector on the Terminal 2-4 Connector Area, in a first class workmanlike
manner and consistent with the Terminal 4 Standards and the applicable Basis of Design, except as otherwise approved by IAT and the Port Authority. The
Terminal 2-4 Connector shall be completed substantially in accordance and in compliance with (i) the Terminal 2-4 Connector P&S, (ii) all applicable Laws,
(iii) applicable provisions of the Port/IAT Lease, (iv) applicable Port Authority Rules and Regulations (including the Port Authority's tenant alterations
application process), and (v) the provisions of this Section 6.03 and the other applicable provisions of this Agreement.
(b) The Terminal 2-4 Connector shall be designed and constructed to meet Delta's requirements and specifications and the applicable Basis of Design.
Delta and/or the Construction Administrator have provided preliminary plans and specifications for the Terminal 2-4 Connector to be constructed on the
Terminal 2-4 Connector Area to IAT, which plans and specifications have been approved by IAT. Delta or the Construction Administrator shall provide
the final plans and specifications for the Terminal 2-4 Connector on the Terminal 2-4 Connector Area (the "Terminal 2-4 Connector P&S") to IAT at
least 30 days prior to the date on which Delta estimates it shall begin construction of the Terminal 2-4 Connector on the Terminal 2-4 Connector Area. The
final Terminal 2-4 Connector P&S shall be subject to IAT's approval. Once the Terminal 2-4 Connector P&S have been approved by IAT, the Terminal
2-4 Connector P&S shall not thereafter be amended, modified, supplemented or otherwise changed in any material respect without the consent of IAT,
taking into consideration the Budgetary Limits for the Terminal 2-4 Connector, provided that, the Terminal 4 Standards are maintained and complied with
unless otherwise agreed to by IAT, Delta and the Port Authority.
Section 6.04. Installation Of Trade Fixtures By Delta. (a) Delta covenants and agrees that, at its sole cost and expense, utilizing proceeds of the Series 8
Bonds as shall be available in accordance with Section 6.01(f), which IAT covenants and agrees to make available to Delta, Delta shall install trade fixtures in
the Delta Space, in a first-class workmanlike manner, using new, first-class materials and equipment, consistent with the Terminal 4 Standards, the applicable
Basis of Design, and substantially in accordance with and in compliance with (i) the Delta Trade Fixtures P&S, (ii) all applicable Laws, (iii) applicable
provisions of the Port/IAT Lease, (iv) applicable Port Authority Rules and Regulations and approvals, and (v) the provisions of this Section 6.04 and the other
applicable provisions of this Agreement.
(b) Delta's trade fixtures shall be designed and installed to meet Delta's requirements and specifications. Delta has provided preliminary plans and
specifications for Delta's trade fixtures to IAT. Such preliminary plans and specifications have been approved
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