Delta Airlines 2010 Annual Report Download - page 190

ARTICLE 14.
CONCESSIONS
Section 14.01. Concessions Operations. IAT shall have the exclusive right and obligation to manage and operate all Concession Space in Terminal 4.
IAT shall operate and maintain the Concession Space in accordance with the Concession Master Plan and as required by the Port/IAT Lease, which shall
include IAT's performance of the following:
(i) use its best efforts to sublet the Concession Space to Concession Sublessees in accordance with the Concession Master Plan (including
performing reasonable financial due diligence);
(ii) comply with the Concession Master Plan in all material respects, as the Concession Master Plan may be amended, updated or replaced from time
to time;
(iii) coordinate and supervise the construction of tenant improvements by Concession Sublessees in compliance with Article 12;
(iv) use its best efforts to enforce all provisions of the Concession Subleases, including the payment of the rents and other charges payable
thereunder; and
(v) manage the daily oversight of the various Concession Sublessees, ensuring that all material contractual obligations of the Concession Subleases
are met and that the concessions are run in a first class manner at all times.
Section 14.02. Concession Master Plan. IAT shall prepare the Concession Master Plan (and any revisions thereto and replacements thereof) in
consultation with the Concessions Subcommittee, subject to the terms and conditions of this Article 14. The Management Committee shall maintain
throughout the Term a subcommittee (the "Concessions Subcommittee") composed of representatives appointed by IAT and Delta. Each of IAT and Delta
may change its members on the Concessions Subcommittee by notice to the other party. The Concessions Subcommittee shall meet no less frequently
(including by phone) than monthly during the Phase I IAT Project Construction Period in order to allow time for IAT's development and implementation of
the Concession Master Plan prior to Phase I DBO. Thereafter the Concessions Subcommittee shall meet at such times as may be required to address issues
related to the performance under, and changes to, the Concession Master Plan. The parties' representatives on the Concessions Subcommittee will act
cooperatively and in good faith in considering each others' suggestions, requests and recommendations, taking into consideration the Delta brand and
customer experience standards in respect of matters under the Concession Master Plan affecting Delta's and its Sublessees' passengers. Matters which cannot
be resolved in an expedient manner by the Concessions Subcommittee shall be promptly brought to the attention of the Management Committee within ten
days of any impasse for expedited resolution of disagreements among members of the Concessions Subcommittee with respect to the matters under the
Concessions Subcommittee's consideration. The Concessions Subcommittee shall act in an advisory capacity with respect to the following matters:
(i) development of the Concession Master Plan and the Comprehensive Retail Plan, including identifying concession opportunities and Concession Spaces in
Terminal 4, and reviewing, evaluating, and implementing proposed
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