Delta Airlines 2010 Annual Report Download - page 186

ARTICLE 13.
IDENTIFICATION AND USE OF AVAILABLE GATES
Section 13.01. Use of Delta Gates and Delta Hardstand Positions. (a) No later than ninety (90) days prior to the beginning of each International Air
Transport Association (or successor organization, "IATA") summer and winter scheduling season, and based on the actual schedule for Delta and Delta
Affiliate Carrier flights for such upcoming scheduling season, Delta shall provide in writing to IAT the proposed schedule for use of the Delta Gates and
Hardstand Positions included within the Delta Premises ("Delta Hardstand Positions") for the scheduled flights of Delta and Delta Affiliate Carriers during
such upcoming scheduling season. Delta shall update the proposed schedule with the official scheduling information loaded into the publicly available
scheduling database operated by OAG (or any successor industry-wide commercial airline scheduling database), which shall be no later than thirty (30) days
prior to the commencement of the applicable scheduling season. Delta's failure to submit the schedule by the dates specified above shall not prevent Delta
from submitting such schedule at a later date and having priority use as provided herein, but subject at all times to the schedule for the applicable scheduling
season as established in accordance with this Section 13.01(a); provided, however, if no schedule has been submitted by Delta for the applicable summer or
winter season, the schedule published by OAG for such summer or winter season, as applicable, shall apply to such scheduling season. So that IAT may revise
the schedule to assure maximum and efficient usage of Terminal 4 by Delta, Delta Affiliate Carriers, and Contract Carriers, but subject at all times to the
schedule for the applicable scheduling season as established in accordance with this Section 13.01(a), Delta shall provide IAT with a revised flight schedule
for Delta Gates and Delta Hardstand Positions within thirty (30) days prior to any revised flight schedule taking effect, and shall take into account, but not be
limited to, the addition or elimination of Delta and Delta Affiliate Carrier flights to or from its schedules. Individually and collectively the Delta schedules
referenced in this Section 13.01(a) constitute the "Delta Schedule". Based on the Delta Schedule and the scheduling information from IAT and the Contract
Carriers, IAT will publish a comprehensive schedule for the facility for each scheduling season with reasonable detail of time, slot length and period of
availability for Gates and Hardstand Positions based upon the most recent information and schedules available to IAT as of the date that is thirty (30) days
prior to each scheduling season. Upon receiving any Delta Schedule, IAT shall have the right to license or sublease to Contract Carriers the available Delta
Gates and Delta Hardstand Positions subject to the times, slot lengths and other conditions that are so scheduled.
(b) Delta shall, subject to the Terminal 4 Rules and Regulations, have first priority for scheduling and use for Delta and Delta Affiliate Carrier flights at
the Delta Gates and Delta Hardstand Positions (if any) in accordance with the procedures described below; provided, that, to the extent the Terminal 4
Rules and Regulations would act to subordinate the priority rights of Delta as specified herein as a result of Delta's operations being domestic rather than
international, IAT and Delta agree to negotiate in good faith to accommodate Delta's domestic operations in a manner reasonably acceptable to Delta.
(i) Delta shall have the first priority for scheduling Delta and Delta Affiliate Carrier flights to the Delta Gates and Delta Hardstand Positions (if any)
for arrivals and departures in accordance with the procedure described in Section 13.01(a).
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