Delta Airlines 2010 Annual Report Download - page 166

notice to the other party. If a payment is required to be made on a day which is not a Business Day, such payment shall be made on the next succeeding
Business Day.
Section 7.07. Overdue Interest. If either party shall not have received from the other party any amounts due and payable under this Agreement more
than five Business Days after the date such payment was due, interest shall accrue on all such overdue amounts from and including the sixth Business Day
after such payment was due at the rate per annum equal to the Prime Rate plus 2% or the highest rate permitted by applicable Law (whichever is less).
Notwithstanding the foregoing, if IAT incurs any late charges or is charged any interest pursuant to the Port/IAT Lease in connection with any payment
obligation of IAT to the Port Authority under the Port/IAT Lease or the Bond Documents as a result of Delta's failure to timely pay to IAT any amounts due
and payable by Delta to IAT under this Agreement, the amount payable by Delta pursuant to this Section 7.07 shall not be less than the amount of such late
charges incurred by and/or interest charged to IAT pursuant to the Port/IAT Lease or the Bond Documents to the extent the same result from Delta's failure to
timely pay to IAT any amounts due and payable by Delta to IAT under this Agreement, provided that IAT has used commercially reasonable efforts to satisfy
such payment obligations to the Port Authority through the use of other funds available to IAT in order to avoid the incurrence of any such late charges or
interest.
Section 7.08. No Additional Charges. There shall be no charges to Delta for its occupancy of the Delta Premises or use of services provided by IAT to
the Delta Premises other than the charges described or referred to in this Agreement except to the extent that additional charges are imposed at the Airport by
the Port Authority, the City, a subsequent Airport operator, or another Governmental Authority with jurisdiction over the Airport, and IAT is obligated to pay
such charges by law. Notwithstanding anything to the contrary contained in this Agreement, unless otherwise agreed to by IAT and Delta, Delta shall not be
obligated to pay any Rent payable pursuant to Article 7 attributable to any payments owed by IAT to the Port Authority under the Port/IAT Lease until such
payments are due and payable by IAT.
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