Delta Airlines 2010 Annual Report Download - page 204

ARTICLE 21.
DAMAGE OR DESTRUCTION
Section 21.01. Notice And Protection. If any damage or destruction, by fire or other casualty, of any part of Terminal 4 occurs, Delta and IAT, as
applicable, shall promptly notify the other upon becoming aware thereof. If the damage or destruction is to the Delta Space, Delta shall take such action as is
reasonably necessary to secure the Delta Space pending IAT's arrival in response to Delta's notice. Following any event of damage or destruction to any part
of Terminal 4 (including the Delta Space), by fire or other casualty, IAT shall promptly take such action as IAT deems necessary and appropriate to protect
Terminal 4 (including the Delta Space) against personal injury therein and further property damage and to allow operations in Terminal 4 (including the Delta
Space) to continue with minimal interruption given the damage or destruction.
Section 21.02. Insurance Proceeds. (a) In the event of any damage or destruction of any part of Terminal 4 (including any part of the Delta Space) by
fire or other casualty, IAT shall promptly make claim and proof of loss under its property insurance. IAT shall use diligent efforts to adjust and settle such loss
under such property insurance in accordance with the provisions of the Port/IAT Lease. Delta shall cooperate with IAT's efforts to adjust and settle such loss
under such property insurance.
(b) If IAT consents, in IAT's sole discretion, to Delta's performance of any repair or restoration work with respect to any damaged or destroyed portion
of Terminal 4 pursuant to Section 21.03(b) below, and Delta undertakes the performance of such repair or restoration work subject to the following
sentence, IAT shall promptly pay and assign directly to Delta (as and when received by IAT from the insurer or the Port Authority) all insurance proceeds
with respect to such damage or destruction relating to such repair or restoration, including proceeds received from or disbursed by the Port Authority as
provided in Section 38, Part I, subsection (c) of the Port/IAT Lease. If any such damage or destruction affects multiple portions of Terminal 4, IAT shall
expend the insurance proceeds with respect to such damage or destruction on repair and restoration of such portions of Terminal 4 in proportion to the
actual costs to repair and restore the damage and destruction of each such portion of Terminal 4.
Section 21.03. Restoration. (a) In the event of any damage or destruction, by fire or other casualty, of any part of Terminal 4, IAT shall be obligated to
use commercially reasonable efforts to commence and diligently pursue to completion the repair and restoration of the applicable portion or portions of
Terminal 4 as expeditiously as possible so as to minimize the time that the damaged portions of Terminal 4 are out of service, in accordance with the as-built
plans and specifications, as modified in accordance with the provisions of Article 12.
(b) If Delta wishes to perform any repair or restoration work with respect to any damaged or destroyed portion of Terminal 4, including the Delta Space
(other than Delta's trade fixtures, equipment and other personal property), Delta shall promptly notify IAT thereof and Delta and IAT shall use
commercially reasonable efforts to determine whether Delta will perform such repair or restoration work. If IAT consents, in IAT's sole discretion, to
Delta's performance of any repair or restoration work with respect to any damaged or destroyed
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