Delta Airlines 2010 Annual Report Download - page 185

the work and/or furnish the materials solely on the credit of Delta with IAT and the Trustee (or any nominee, transferee or assignee thereof) having no
obligations therefor whatsoever; (b) no mechanic's, materialman's or other lien shall be asserted by the Construction Contractor against Terminal 4, the
Airport or the interest of IAT or the Trustee (or any nominee, transferee or assignee thereof) under the Port/IAT Lease or this Agreement by reason of any
work performed for or materials furnished by the Construction Contractor; (c) the Construction Contractor shall forthwith discharge any such lien filed by any
of its laborers, subcontractors, materialmen or suppliers or, in the alternative, if it is contesting any such lien, provide a security bond that protects the interest
of IAT, the Port Authority and the Trustee (and any nominee, transferee or assignee thereof); and (d) the Construction Contractor shall indemnify and save
IAT, the Port Authority and the Trustee harmless from any and all costs and expenses including attorney's fees, suffered or incurred as a result of any such
lien that may be filed or claimed in connection with or arising out of work performed or materials furnished by the Construction Contractor. Delta shall pay or
cause to be paid all claims lawfully made against it or its Affiliates by any Construction Contractor or other third persons arising out of or in connection with
or because of the performance of any Alteration, and shall cause its contractors and any subcontractors to pay all such claims lawfully made against them;
provided, however, that nothing herein contained shall be construed to limit the right of Delta to contest by appropriate proceedings any claim of any
Construction Contractor and/or other person.
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