Delta Airlines 2010 Annual Report Download - page 218

material representation or warranty, a cure by Delta shall require that Delta cause the applicable representation or warranty to be correct as made and when
cured.
(c) Delta shall have 35 days after receipt of notice from IAT of a default set forth in Section 26.03(e) to cure the applicable Delta 18A Default (as such
term is defined in the Port/IAT Lease); provided that, pursuant to Section 25 of the Port/IAT Lease, IAT shall, if such Delta 18A Default has not been
cured, request a meeting with the Port Authority to discuss the status of such Delta 18A Default and request a 60-day extension of the required period prior
to which the Port Authority may deliver a Notice of Default pursuant to Section 25 of the Port/IAT Lease, which may be granted or withheld in the Port
Authority's sole discretion, and (i) if granted, Delta's cure period shall be extended to the date that is 35 days into such 60-day extension period granted by
the Port Authority, or (ii) if rejected by the Port Authority, an Event of Default shall be deemed to occur, and such procedures shall apply for each
subsequent 60-day extension period, if any, granted by the Port Authority.
(d) If Delta is at all times diligently attempting to obtain a Letter of Credit or Cash Deposit as required by Section 16.04, Delta shall have an additional
fifteen (15) days after the expiration of the three (3) Business Day period provided in Section 26.03(f) to cure such default either by obtaining a Letter of
Credit from a relationship bank or utilizing Delta's letter of credit capacity under its corporate revolving credit facility, or by posting cash from its balance
sheet.
Section 26.05. Remedies. Upon the occurrence of and during the continuance of an Event of Default, IAT may, to the extent permitted under applicable
Law, in its discretion and at its option, pursue any one or more of the following remedies, upon not less than 10 Business Days notice to Delta:
(a) bring a suit, action or proceeding (summary or otherwise) to distrain for or collect, file a proof of claim in any Delta bankruptcy or other insolvency
proceeding for, or institute any other suit, action or proceeding (whether similar to any of the foregoing or not) before any court of competent jurisdiction
for, any amounts required to be paid by Delta to IAT pursuant to this Agreement, then due and owing to IAT and for actual compensatory damages, and
for all costs and expenses incurred by IAT related thereto, including reasonable attorneys' fees; and/or
(b) accelerate, declare due and payable, bring a suit, action or proceeding (summary or otherwise) to collect or recover, without duplication of amounts
recovered pursuant to Section 26.05(c) or (d) any and all payments of Delta Rent that would be due over the remainder of the Term as if all such amounts
were payable to IAT at such time, discounted to the present value thereof at the rate equal to the weighted average coupon applicable to the Series 8
Bonds; and/or
(c) without terminating this Agreement and without the necessity of seeking or obtaining any warrant of eviction or other similar writ or court order, to
the extent permitted under applicable Law, (i) enter upon and take possession of the Delta Premises by any lawful means; (ii) expel or remove Delta or any
other Person occupying the same by, through or under Delta by any lawful means without liability for trespass or any claim for damages of any kind;
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