Delta Airlines 2010 Annual Report Download - page 214

ARTICLE 25.
SURRENDER; HOLDING OVER
Section 25.01. Surrender. Delta shall peaceably vacate and deliver to IAT possession of the Delta Premises in reasonable condition, reasonable wear
and tear excepted, on or before the Expiration Date or Termination Date, as applicable, or at such time as IAT exercises its right to reenter the Delta Premises
pursuant to Section 26.05(c) or otherwise under applicable Law. If Delta fails to peacefully vacate and deliver to IAT possession of the Delta Premises as
aforesaid, Delta shall be liable for any and all reasonable costs and expenses, including reasonable attorneys' fees and disbursements, incurred by IAT to enter
and evict Delta from the Delta Premises, which amounts Delta shall pay to IAT within 10 Business Days after receipt of an invoice therefor (itemized in
reasonable detail). If Delta shall fail to pay such amounts within such time, Delta shall also pay interest on such amounts (from the date paid by IAT to the
date repaid by Delta) at the rate per annum equal to the Prime Rate plus 2% (but not in excess of the highest rate permitted under applicable Law).
Section 25.02. Holdover Rent. If Delta fails to surrender the Delta Premises to IAT immediately at the expiration or termination of this Agreement,
Delta shall be deemed a holdover occupant, and IAT shall, in addition to any other rights or remedies available to it under this Agreement or applicable Law,
have the right to charge Delta for each day during the period of its holdover occupancy the amount that Delta paid as Rent during the immediately preceding
12 calendar months divided by 365, subject to any appropriate adjustments reasonably determined by IAT. Delta shall pay such amounts on the same basis as
set forth in this Agreement for the periods prior to such holdover occupancy. Acceptance by IAT of such amounts shall not renew this Agreement for any
period of time. Any rights or remedies provided to IAT under this Article 25 shall be cumulative and not in lieu or exclusive of any other rights or remedies
available to IAT under this Agreement or applicable Law. During any time that Delta is a holdover occupant, all of the provisions of this Agreement shall
continue in full force and effect. If Delta becomes a holdover occupant, Delta shall give IAT not less than 30 days' prior written notice of the date Delta shall
vacate and surrender the Delta Premises to IAT. Notwithstanding anything to the contrary herein, if Delta is a holdover occupant, IAT shall have the right to
reenter any portion of the Delta Premises that Delta occupies as a holdover occupant and take possession thereof to the extent permitted under applicable Law,
or to commence an action, suit or other proceeding for ejectment of Delta under applicable Law, or to exercise any other right or remedy available to it under
this Agreement or applicable Law.
Section 25.03. Removal Of Property And Signage. (a) Subject to the provisions of Section 6.05, upon the expiration or termination of this Agreement,
Delta shall remove any and all of its trade fixtures and personal property from the Delta Premises and repair any damage caused by such removal. If Delta
fails to remove any of its trade fixtures or personal property on or before the Expiration Date or Termination Date, as applicable, IAT may, at Delta's sole cost
and expense, remove Delta's trade fixtures and personal property from the Delta Premises and repair any damage caused by such removal, and Delta shall be
liable for any and all reasonable costs and expenses, incurred by IAT to remove such trade fixture and personal property from the Delta Premises and repair
any damage caused by such removal, which amounts Delta shall pay to IAT within 45 days after receipt of an invoice therefor (itemized in reasonable detail).
If Delta shall fail to pay such amounts within such time, Delta shall also pay interest on such amounts
99