Delta Airlines 2010 Annual Report Download - page 227

ARTICLE 29.
ATTORNEYS' FEES AND EXPENSES
Section 29.01. Attorneys' Fees And Expenses. Without duplication of any other provision of this Agreement with respect to attorney's fees and similar
expenses, in the event that (i) IAT or Delta is found to have breached this Agreement by a final, non-appealable judgment, award or other decision in any
action, suit, arbitration or other proceeding, then, such party (as the breaching party) shall be liable to the other party (as the non-breaching party) for the non-
breaching party's reasonable costs and expenses as actually paid, including reasonable attorneys' fees and disbursements, in connection with such action, suit,
arbitration or other proceeding to enforce its rights under this Agreement and to collect obligations due to it under this Agreement, or (ii) IAT or Delta brings
any action, suit, arbitration or other proceeding against the other party with respect to an alleged breach of this Agreement by the other party and the other
party (as the prevailing party) is found not to have breached this Agreement by a final, non-appealable judgment, award or other decision, then the party who
brought such action, suit, arbitration or other proceeding (as the non-prevailing party) shall be liable to the prevailing party for the prevailing party's
reasonable costs and expenses as actually paid, including reasonable attorneys' fees and disbursements, in connection with such action, suit, arbitration or
other proceeding. This Section shall apply, without limitation, to any breach or alleged breach relating to bankruptcy or insolvency, any bankruptcy or other
insolvency proceeding and any such reasonable costs and expenses, including reasonable attorneys' fees and disbursements, incurred by the non-breaching
party or the prevailing party in connection with any bankruptcy or other insolvency proceeding with respect to, respectively, the breaching party or non-
prevailing party. This Section shall not apply to any claim, controversy, dispute, action, suit, arbitration or other proceeding settled by the parties prior to the
determination of the matter in question, unless the parties otherwise agree.
112