Delta Airlines 2010 Annual Report Download - page 222

at its option, pursue any one or more of the following remedies, upon not less than 10 Business Days notice to IAT:
(a) bring a suit, action or proceeding (summary or otherwise) before any court of competent jurisdiction for any charges, payments or credits required to
be paid or credited by IAT to Delta pursuant to this Agreement that are due and owing to Delta, and for all costs and expenses incurred by Delta related
thereto, including reasonable attorneys' fees; and/or
(b) bring a suit, action or proceeding (summary or otherwise) before any court of competent jurisdiction for actual compensatory damages, and for all
costs and expenses incurred by Delta related thereto, including reasonable attorneys' fees; and/or
(c) exercise any and all of its rights and remedies available to Delta under Section 365(h) and the other applicable provisions of the United States
Bankruptcy Code; and/or
(d) [Reserved] and/or
(e) cure the IAT Event of Default (other than any IAT Event of Default in respect of IAT's provision of O&M Services), in which case IAT shall
reimburse Delta for the costs and expenses incurred by Delta to cure such IAT Event of Default, including reasonable attorneys' fees, upon demand,
including an itemization in reasonable detail of such costs and expenses and accompanied by reasonable evidence of the payment of such costs and
expenses, together with interest on such costs and expenses paid by Delta at the rate per annum equal to the Prime Rate plus 2% or the highest rate
permitted under applicable Law (whichever is less) from the date the same were paid by Delta to the date the same are repaid by IAT; and/or
(f) upon the occurrence of an IAT Event of Default pursuant to Section 27.02 or, if as a result of any other IAT Event of Default Delta has been
deprived of its right to use and occupy the Delta Premises or a material portion thereof for a period of at least 30 days, terminate this Agreement, in which
event Delta shall vacate the Delta Premises and surrender the same to IAT pursuant to Section 25.01 on the termination date specified in Delta's notice of
termination; and, upon such termination, Delta shall have no further obligations or liabilities hereunder, except for such obligations and liabilities
outstanding at the time of such termination or as expressly provided herein to survive the expiration or termination hereof; and/or
(g) without duplication of any remedy described in paragraphs (a) — (f) hereof, exercise any other rights or remedies available to Delta under this
Agreement, under any other applicable agreement, under applicable Law or otherwise, subject to the provisions of this Agreement limiting or restricting
liability or remedies.
Section 27.07. No Implied Waiver. Delta's payment of Rent hereunder during any period of time when it has the right to terminate or to pursue any other
remedies pursuant to this Section shall not be construed as a waiver of such right to terminate or to pursue such other remedies.
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