Delta Airlines 2010 Annual Report Download - page 201

with the provisions of Section 38, parts I and IV and the other applicable provisions of the Port/IAT Lease and such other requirements of the Port
Authority applicable during periods of construction by Delta or its Construction Contractors and all proceeds of such insurance shall be applied in
accordance with the Port/IAT Lease and the Bond Documents. Such insurance shall be endorsed: (i) to include the Port Authority, the City, the Trustee,
IAT and the contractors and subcontractors as additional insureds, as their interests may appear; (ii) to provide that losses shall be adjusted with and
payable to Delta (as provided in this Section 20.02); (iii) to provide that the insurance coverage may only be canceled or materially altered in a manner
adverse to the additional insureds after the insurer first provides at least 30 days' prior written notice to the additional insureds (10 days for cancellation for
non-payment); and (iv) to waive any and all rights of subrogation against the additional insureds. Delta hereby waives any and all claims Delta has, had or
may have against the additional insureds to the extent such claims are covered by such insurance.
Section 20.03. Additional Insureds. All policies of insurance to be carried by Delta herein shall be in a form and with a company or companies
reasonably satisfactory to IAT and, except for the property insurance coverage, workers' compensation and employers' liability insurance, shall name IAT,
JFK IAT Member, Schiphol USA Inc., the Trustee, the Port Authority and the City as additional insureds and shall provide that such policies may not be
materially changed, altered, or canceled by the insurer during their term without first giving at least thirty (30) days' notice to IAT (10 days for non-payment)
and without giving IAT thirty (30) days to cure any defaults by Delta (10 days for non-payment). In addition, if available at no additional cost, all policies of
insurance shall contain a "Breach of Warranty" endorsement or otherwise provide that a breach of any warranty by Delta to the insurance company shall not
cancel the insurance coverage of IAT, the Trustee or the Port Authority.
Section 20.04. Commercial Liability Insurance By Delta. Delta shall, at all times during the Term, purchase, provide and maintain in effect, in its own
name as insured, commercial liability insurance covering property damage liability, bodily injury (including death) liability, personal injury liability, liquor
liability, contractual liability, premises liability, products and completed operations liability, hangar keepers liability, baggage liability, cargo liability, mail
liability, excess automobile liability, and including excess employers liability in respect of the Delta's operations and activities at Terminal 4, and including
legal liability arising out of Delta's operations of vehicles (licensed and unlicensed) on the Airport having minimum limits as follows, but in all cases in
compliance with the requirements of the Port/IAT Lease and as otherwise required by the Port Authority: (A) for commercial general liability insurance
$100,000,000, combined single limit for any one occurrence and in an annual aggregate; (B) for automobile liability $25,000,000, combined single limit for
any one occurrence and in an annual aggregate; (C) for baggage, cargo and mail liability $10,000,000, combined single limit for any one occurrence and in an
annual aggregate; (D) for excess employers liability $25,000,000 for any one occurrence; and (E) including an extended coverage endorsement (aviation
liabilities) AVN52C or equivalent having minimum limits (1) for aircraft with fewer than 250 passenger seats a combined single limit of $500,000,000 for any
one occurrence and in the annual aggregate, and (2) for aircraft with 250 seats or more a combined single limit of $750,000,000 for any one occurrence and in
the annual aggregate. Such insurance shall comply in all respects, including coverages, limits, insureds, additional insureds and endorsements with the
provisions of the Port/IAT Lease, subject to commercially reasonable deductibles and exclusions. Such
86