Delta Airlines 2010 Annual Report Download - page 202

insurance shall be endorsed: (i) to include the Port Authority, IAT, and the City as additional insureds; (ii) to provide that the insurance shall be primary
insurance and without any right of contribution from any other insurance carried by any additional insureds; (iii) to provide that the insurance shall respond as
though a separate policy has been issued to each insured, provided that, this requirement shall not act to increase an insurer's limits of liability as set forth in
such insurance; (iv) to provide the insurance coverage afforded to any additional insured shall not be invalidated by any act or omission (including
misrepresentation and non-disclosure) of any other person or party which results in a breach of any term, condition or warranty of the policy, provided that,
such additional insured has not caused, contributed to or knowingly condoned such act or omission; and (v) 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' (seven days' or less as may be
customarily available in the event of war and allied perils and 10 days for cancellation for non-payment) prior written notice to the additional insureds.
Section 20.05. OCIP. If an owner controlled insurance program ("OCIP") is created by Delta for the Phase I IAT Project Construction Period, the
coverage requirements specified in this Article 20 for Delta or its respective Construction Contractors, architects and other consultants shall be deemed
satisfied if such coverage is provided through such OCIP. During the performance of the Phase I IAT Project, Delta may provide for commercial general
liability insurance in connection with the performance of the Phase I IAT Project by requiring each Construction Contractor engaged by Delta for the
completion of the Phase I IAT Project to participate in the OCIP, or by requiring each such Construction Contractor to procure and maintain commercial
general liability insurance including contractual liability insurance in accordance with the terms hereof, including, without limitation, Section 20.02; provided
that, for subcontractors not covered by the OCIP, the required commercial general liability coverage shall be not less than $5,000,000, or such greater amount
as may be reasonably required by IAT.
Section 20.06. Certificates Of Insurance. Each of IAT and Delta shall deliver to the other party hereto certificates of insurance or reinsurance (if
applicable), evidencing the insurance coverage required to be maintained or obtained, or caused to be maintained or obtained by it under this Article 20
(i) within five Business Days after the Effective Date or, if not required to be in effect on the Effective Date, within five Business Days after such insurance
has been obtained, and, thereafter, prior to the expiration of any applicable policy of insurance or reinsurance; and (ii) with respect to certificates relating to its
contractors and subcontractors insurance, within five Business Days after commencement of the relevant contracts and subcontracts (or within five Business
Days after the Effective Date if the same are in effect on the Effective Date, or, if not required to be in effect on the Effective Date, within five Business Days
after such insurance has been obtained), and, thereafter, prior to the expiration of the applicable policies of insurance or reinsurance. Further, the certificate of
insurance shall note and the liability Policy(ies) shall be endorsed to state that: "The insurance carrier(s) shall not, without obtaining the express advance
permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the Tribunal over the person of the Port
Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the
provisions of any statutes respecting suits against the Port Authority."
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