Delta Airlines 2010 Annual Report Download - page 223

Section 27.08. Cumulative Remedies. All rights and remedies available to Delta under this Agreement shall be cumulative and additional to, and not in
lieu or exclusive of, any other rights and 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. The exercise by Delta of any right or remedy under this
Agreement shall not prevent Delta from exercising any other right or remedy 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. However, notwithstanding
anything herein to the contrary, Delta shall not be entitled to have a judgment or award for, or to collect or receive, under one right or remedy any amount that
it has theretofore had a judgment or award for under another right or remedy or otherwise collected or received.
Section 27.09. Offset. (a) Whenever Delta exercises its remedy of self-help under Section 27.06(e), or otherwise under this Agreement with respect to
Emergency Repairs, Delta may offset its costs and expenses in exercising such remedy without duplication for any amounts in respect thereof that Delta
would have otherwise had to pay in accordance with this Agreement, against the Delta Rent payable by Delta under this Agreement in an amount not to
exceed the remaining amount of line items in the then-current Budget for the ATA Permitted O&M Expenses with respect to the unperformed scope of the
ATA Permitted O&M Expense items which are the subject of the proposed offset (plus any amounts that IAT would be permitted to transfer from other
Budget categories and plus any amounts in addition to the relevant Budget categories that IAT would be permitted to spend pursuant to Section 10.03(b)).
(b) Without limiting any rights or protections Delta may have under the United States Bankruptcy Code, except as provided in this Section 27.09 or
elsewhere in this Agreement, the exercise by Delta of any remedy available to it under this Agreement or under applicable Law shall not entitle Delta to
offset, reduce, abate or otherwise not pay in full any amount due to IAT under this Agreement when and as the same shall become due under the terms of
this Agreement.
Section 27.10. No Consequential Damages. Notwithstanding anything to the contrary, in no event shall IAT have any liability for consequential,
punitive or exemplary damages as a result of an IAT Event of Default, and Delta hereby agrees to forego any rights and remedies it may have for the recovery
of consequential, punitive or exemplary damages and damage awards to the extent the same are multiples of direct or other damages as provided by Law or
otherwise.
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