Delta Airlines 2010 Annual Report Download - page 161

by IAT. Delta or the Construction Administrator shall provide detailed plans and specifications for Delta's trade fixtures (the "Delta Trade Fixtures
P&S") to IAT at least 30 days prior to the date on which Delta estimates Substantial Completion will occur. The Delta Trade Fixtures P&S shall be subject
to IAT's approval. Once the Delta Trade Fixtures P&S have been approved by IAT, the Delta Trade Fixtures P&S shall not thereafter be amended,
modified, supplemented or otherwise changed in any material respect without the approval of IAT.
Section 6.05. Leasehold Improvements And Trade Fixtures. All of Delta's leasehold improvements that are attached to the Delta Premises such that they
cannot be removed therefrom without material damage thereto shall not be removed by Delta without the consent of IAT, or be removed by IAT without the
consent of Delta (unless such removal is required by the Port/IAT Lease), nor shall such leasehold improvements, including improvements financed with the
proceeds of Terminal 4 Project Bonds, be removed by either Delta or IAT without the consent of the Port Authority if legal title to any such leasehold
improvement shall have vested in the Port Authority pursuant to this Agreement or the Port/IAT Lease. All of Delta's personal property and trade fixtures that,
in each case, are installed in the Delta Premises, that have not been financed with the proceeds of Terminal 4 Project Bonds and which are capable of being
removed without causing material damage to the Delta Premises, and for which legal title has not vested in the Port Authority pursuant to this Agreement or
the Port/IAT Lease, shall remain the property of Delta and shall be removable at any time by Delta, including upon the expiration or termination of the Term,
provided that, Delta shall repair any damage to the Delta Premises caused by the removal thereof. Delta shall not remove or alter (i) any property that has
been financed with the proceeds of Terminal 4 Project Bonds (or which was originally financed with Terminal 4 Project Bonds and has subsequently been
replaced by Delta with its own funds), or (ii) any of IAT's or its Sublessees' personal property or trade fixtures (other than personal property or trade fixtures
of Delta which may be removed subject to the provisions of this Section 6.05) from Terminal 4 without IAT's prior written consent.
Section 6.06. Sales Tax Exemption and Abatement. IAT agrees, upon Delta's reasonable request, to use commercially reasonable efforts to cooperate
with Delta in Delta's efforts to obtain with respect to the Phase I IAT Project, including the leasehold improvements installed by IAT or Delta therein, and, if
applicable, Delta's trade fixtures and other property, any and all sales and use tax exemptions, abatements, refunds or reductions to the maximum extent
available. Each of Delta and IAT shall promptly take such further actions and execute such further documents reasonably requested by the other party as are
necessary and appropriate to accomplish the purposes of this Section 6.06. Each of IAT and Delta acknowledge that neither of them makes any representation
or warranty that either of them shall be entitled to any such sales tax exemption, abatements, refunds or reductions.
Section 6.07. Access; Permits; IAT Cooperation; Site Security.
(a) Delta's obligations to cause the construction and completion of the Phase I IAT Project and the Terminal 2-4 Connector (including installation of
trade fixtures) shall be subject to Delta's receiving IAT's approval of the Phase I IAT Project Contract Documents, the Terminal 2-4 Connector P&S, the
Delta Trade Fixtures P&S, all building and other permits, consents and approvals, including permits, consents and approvals from the Port Authority
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