Delta Airlines 2010 Annual Report Download - page 217

Certificate, which incorrect statement results in, or, if not cured, would result in, a PA Event of Default; provided that, any inaccuracy in the Delta TAA
Certificate or any Standard Draw Documentation given by Delta shall not be a default hereunder (or under the Delta TAA Certificate or any Standard
Draw Documentation) to the extent that any such inaccuracy is a result of Delta's good faith reliance upon written information provided by IAT (including
counsel, accountants and other professionals and contractors retained by IAT); and provided further that, (i) IAT shall not, solely based on such Event of
Default, institute or pursue any remedy specified in any of paragraphs (b), (c), (d) or (f) (to the extent that any such remedy under paragraph (f) would
result in termination of the Agreement or Delta's possession of the Premises similar to the remedies provided in paragraph (c) or (d)) of Section 26.05 of
this Agreement prior to the date on which Port has delivered a PA Notice of Default and (ii) IAT shall terminate all remedies being pursued pursuant to
such enumerated paragraphs of Section 26.05 if such PA Notice of Default shall be rescinded or otherwise withdrawn; or
(e) A Delta 18A Default Notice (as such term is defined in the Port/IAT Lease) has been delivered by the Port Authority in accordance with the terms of
the Port/IAT Lease; or
(f) Delta shall fail to cause a Letter of Credit or Cash Deposit to be provided as required by Section 16.04 of this Agreement within three (3) Business
Days after Delta's obligation to cause such Letter of Credit or Cash Deposit to be provided arose thereunder.
Section 26.04. Notice And Opportunity To Cure. Except in the case of an Event of Default as set forth in Section 26.03(c), IAT shall provide Delta
notice of and an opportunity to cure any default, before the same becomes an Event of Default as follows:
(a) Delta shall have 10 Business Days after receipt of notice from IAT of a default set forth in Section 26.02 to cure such default.
(b) Delta shall have 30 days after receipt of notice from IAT of a default set forth in Section 26.03(a)-(b) and (d) to cure such default, provided that, if a
default set forth in Section 26.03 is, by its nature, incapable of being cured within 30 days and Delta is at all times diligently attempting to cure such
default (except to the extent prevented by any Force Majeure Event), Delta shall have such additional time as is reasonably necessary to effect the cure,
provided, further, however, if a default by Delta hereunder (i) could reasonably be expected to constitute an "Event of Default" by IAT under the Port/IAT
Lease, and the Port/IAT Lease provides a cure period that expires prior to the expiration of the applicable cure period available to Delta hereunder, or (ii) is
in respect of Delta's failure to perform its obligations under any Phase I IAT Project Construction Contract and such Phase I IAT Project Construction
Contract provides a cure period (including any extended cure period provided to IAT thereunder) that expires prior to the expiration of the applicable cure
period available to Delta hereunder (and Delta shall notify IAT of the applicable cure period under any such Phase I IAT Project Construction Contract),
then in each case (x) Delta's cure period shall expire three Business Days prior to the expiration of the cure period provided in the Port/IAT Lease or the
Phase I IAT Project Construction Contract, as applicable, and (y) during such cure period Delta shall provide consultation rights to IAT with respect to the
steps being taken to cure such default, provided, further, however, if the default is with respect to the breach of a
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