Delta Airlines 2010 Annual Report Download - page 210

ARTICLE 23.
TEMPORARY SUSPENSION OF UTILITIES
Section 23.01. Temporary Suspension Of Utilities. The failure, delay or interruption in supplying any utilities in accordance with the provisions of this
Agreement, (i) shall not be construed to be an eviction of Delta or entitle Delta to terminate this Agreement, (ii) shall not entitle Delta to offset, reduce, abate
or otherwise not pay in full any amount due hereunder as the same shall become due, and (iii) shall not (unless resulting from the gross negligence or willful
failure of IAT) be grounds for any claim against IAT by Delta for damages, whether direct, consequential or otherwise, provided that IAT is diligently
pursuing in a commercially reasonable manner all viable remedies available to IAT or otherwise permitted under the Port/IAT Lease to remedy such failure,
delay or interruption in supplying any utilities in accordance with the provisions of this Agreement as soon as is reasonably practicable. IAT agrees to use
commercially reasonable efforts to pursue any remedies (in consultation with Delta) available to IAT or otherwise permitted under the Port/IAT Lease to
remedy such suspension of utilities as soon as is reasonably practicable.
Section 23.02. Limitations on IAT's Obligation to Supply Electricity. IAT shall not be obligated to supply any electricity in connection with the Delta
Premises while an Event of Default has occurred as a result of Delta's failure to pay for electricity provided to the Delta Premises.
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