Delta Airlines 2010 Annual Report Download - page 224

ARTICLE 28.
DISPUTE RESOLUTION
Section 28.01. Dispute Resolution. In the event of any claim, controversy or dispute, IAT and Delta shall first attempt to settle such claim, controversy
or dispute as promptly as possible after the same arises by negotiation, by submitting the same to the Management Committee for resolution (if not previously
submitted to the Management Committee), by submitting the same to the Trilateral Committee for resolution and/or, if specifically agreed to by the parties, by
mediation. Should such efforts fail (after submission to the Trilateral Committee), either IAT or Delta may, within 180 days after the claim, controversy or
dispute first occurred (or within the period of the applicable statute of limitations if shorter) commence arbitration pursuant to this Article 28 with respect to
those matters subject to arbitration pursuant to Section 28.02(b)(i)-(ii) below, or with respect to Section 28.02(b)(iii), as agreed to by both IAT and Delta.
Failure to serve notice of arbitration with respect to any claim, controversy or dispute within the time prescribed in the preceding sentence shall be a deemed a
waiver of only the right to arbitrate the claim controversy or dispute in question, not a waiver of any other right or remedy with respect to such claim,
controversy or dispute. Notwithstanding the foregoing or any other provision of this Agreement, (i) no claim, controversy or dispute that relates to an
obligation or responsibility of either Delta or IAT to the Port Authority under this Agreement or the Port/IAT Lease, shall be referred to arbitration except if
and to the extent the same relates to an obligation or responsibility of either Delta or IAT to the other under this Agreement, and (ii) no Event of Default under
Section 26.03(e) shall be referred to arbitration.
Section 28.02. Arbitration. (a) In the case of any claim, controversy or dispute that is the subject of arbitration pursuant to Section 28.02(b), such
arbitration shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association (or any organization successor thereto) then
in effect, in accordance with Title 9 of the United States Code and in accordance with the provisions of this Agreement. The arbitration shall take place in The
City of New York. Disputes other than those that are expressly subject to arbitration pursuant to Section 28.02(b) shall be resolved by an action in a court of
competent jurisdiction.
(b) The following claims, controversies or disputes under this Agreement, as between Delta and IAT only, shall be submitted to arbitration, to wit: any
claim, controversy or dispute:
(i) arising under Article 6;
(ii) determining the ATA Permitted O&M Expenses used in calculating the Delta Rent under Section 10.03; and
(iii) regarding any other matter to which IAT and Delta agree in writing to arbitrate.
(c) If either IAT or Delta (in this Section, the "initiating party") desires to submit any claim, controversy or dispute which this Agreement specifically
provides shall be submitted to arbitration, then the initiating party shall give written notice (in this Section, the "initiating notice") to the other party (in this
Section, the "responding party") specifying in the
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