Delta Airlines 2010 Annual Report Download - page 174

ARTICLE 9.
MAINTENANCE AND OPERATIONS OF TERMINAL 4
Section 9.01. O&M Services. (a) IAT shall provide all O&M Services to Terminal 4. "O&M Services" or "O&M" means all maintenance and
operations services to, in, at and on Terminal 4, inclusive of the Delta Space; provided that, all maintenance and operations services to, in, at and on the
Terminal 2-4 Connector shall be the responsibility, and shall be performed at the sole cost and expense, of Delta.
(b) IAT shall perform the O&M Services itself or through Approved Contractors, in accordance with policies and procedures to be established from
time to time throughout the Term by IAT, in accordance with the annual Budgets.
Section 9.02. Failure To Perform O&M. If IAT fails to perform any of its O&M Services under this Agreement in accordance with the Terminal 4
O&M Performance Standards and such failure has a Material Adverse Effect on Delta or any Sublessee of Delta, Delta may (but shall not be obligated to)
notify IAT and the Management Committee and IAT shall have five days after receipt thereof to propose and commence implementation of a cure for the
failure, and shall have a total of 15 days after receipt of Delta's initial notice to cause the failure to be cured; provided, however, that (i) if with commercially
reasonable diligence such failure cannot be cured within such period of 15 days, and (ii) IAT has commenced the cure of such failure within such 15-day
period and has pursued such cure diligently, then such period shall be extended for so long as is reasonably necessary for IAT in the exercise of due diligence
to cure such failure. If IAT fails to propose and commence implementation of a cure for the failure within such five day period, or fails to cause the failure to
be cured within such 15-day period (as same may be extended pursuant to the preceding sentence), Delta may (but shall not be obligated to) notify IAT and
the Management Committee of such failure and, if IAT fails to cause the default to be cured within five days after receipt of such second notice, such matter
or dispute shall be referred to the Trilateral Committee for resolution, which such resolution and implementation of the cure must be completed within 10 days
of referral to the Trilateral Committee.
Section 9.03. O&M Performance Standards. At all times during the Term, IAT shall maintain O&M Services at a level that is at least equal to the
standards for a common use international gateway airport terminal in a major city or such other standard established by the Management Committee from
time to time (the "Terminal 4 O&M Performance Standards").
Section 9.04. Delta Janitorial Services. Delta may elect to provide cleaning and rubbish removal services in that portion of the Delta Space that is
reserved exclusively for Delta use. If Delta elects to provide cleaning and rubbish removal services in that portion of the Delta Space that is reserved
exclusively for Delta, Delta or its Approved Contractor shall provide such services at Delta's sole expense and in accordance with the Terminal 4 Rules and
Regulations.
Section 9.05. Emergency Situations. If any circumstances or conditions exist which must be resolved or repaired to protect against an imminent threat to
life, material property damage or security of the Delta Premises ("Emergency Repairs") as a result of the failure of IAT to perform any O&M Services, Delta
shall promptly notify IAT of such condition, which
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