Delta Airlines 2010 Annual Report Download - page 205

portion of Terminal 4, Delta shall commence and diligently pursue to completion such repair and restoration as expeditiously as possible so as to minimize
the time that the damaged portions of the Delta Space are out of service in accordance with the as-built plans and specifications, as modified in accordance
with the provisions of Article 12.
(c) Notwithstanding any provision herein to the contrary, both parties agree that all property insurance proceeds hereunder shall be expended for the
costs of restoration and building at Terminal 4 and on the Terminal 4 Site and that the obligations contained herein to repair or restore shall be limited to
the amount of the insurance proceeds made available for such purposes, provided that, IAT or Delta has carried insurance to the extent required by and in
accordance with Article 20 hereof. IAT and Delta agree that any shortfalls in the insurance proceeds available for the cost of such restoration or building of
Terminal 4 resulting from either party's failure to obtain and maintain required insurance, unless a party's failure to obtain and maintain such insurance is
reasonably attributable to the other party's failure to pay amounts due to such party under this Agreement, shall be the responsibility of, and shall be
promptly paid by, the party or parties (on a pro-rata basis) who failed to obtain and maintain the required insurance, up to the amount of any insurance
proceeds that would have been available if required insurance was obtained and maintained by such party or parties.
Section 21.04. Delta's Insurance. In the event of any damage or destruction, by fire or other casualty, of any portion of Terminal 4 for which Delta has
maintained property insurance, whether pursuant to Article 20 of this Agreement or otherwise, Delta shall promptly make claim and proof of loss under such
property insurance and use diligent efforts to adjust and settle such loss under such property insurance. IAT shall cooperate with Delta's efforts to adjust and
settle such loss under such property insurance. Delta shall promptly commence and diligently pursue to completion repair and restoration of Delta's trade
fixtures, equipment and other personal property of Delta in accordance with the as-built plans and specifications, as modified in accordance with the
provisions of Article 12.
Section 21.05. No Liability. Neither IAT nor Delta shall have any liability to the other party arising out of or connected with the damage or destruction
of any part of Terminal 4 or the other party's personal property situated on or at Terminal 4 to the extent such damage or destruction is covered by the property
insurance maintained by the other party or if the other party fails to maintain such property insurance, could have been covered by such property insurance,
unless a party's failure to obtain and maintain required insurance is reasonably attributable to the other party's failure to pay amounts due under this
Agreement.
Section 21.06. Relocation. In the event any damage or destruction of any part of the Delta Premises renders such part of the Delta Premises unusable by
Delta for its intended purpose (as determined reasonably by Delta), pending completion of the repair and restoration of the damage or destruction, IAT shall
use commercially reasonable efforts to relocate Delta to other space within Terminal 4, if such space is available to and usable by Delta. To the extent other
space within Terminal 4 usable by Delta is not available, IAT shall not have the obligation to relocate Delta to other space. The determination of availability
of other space shall be made reasonably by IAT and the determination of usability shall be made reasonably by Delta. To the extent relocation is not effected,
from the date of the damage or destruction to the date of completion of the repair and restoration, the Delta Rent shall be fairly and equitably reduced and
90