Delta Airlines 2010 Annual Report Download - page 231

ARTICLE 32.
OTHER REQUIREMENTS
Section 32.01. Federal Airport Aid Assurances. (a) The Port Authority has applied for and received a grant or grants of money from the Administrator
of the Federal Aviation Administration pursuant to the Airport and Airways Development Act of 1970, as the same has been amended and supplemented or
superseded by similar federal legislation, and under prior federal statutes which said Act superseded and the Port Authority may in the future apply for and
receive further such grants. In connection therewith, the Port Authority has undertaken and may in the future undertake certain obligations respecting its
operation of the Airport and the activities of its contractors, lessees and permittees thereon. The performance by Delta of the covenants, promises and
obligations contained in this Agreement is therefore a special consideration and inducement to the Port Authority's consent to this Agreement, and if the
Administrator of the Federal Aviation Administration or any other governmental officer or body having jurisdiction over the enforcement of the obligations of
the Port Authority in connection with the Federal Airport Aid, shall make any orders, recommendations or suggestions respecting the performance by Delta of
such covenants, promises and obligations, Delta will promptly comply therewith, at the time or times when and to the extent that the Port Authority may
direct.
(b) Without limiting the generality of Section 32.01(a), this Agreement is subject to the requirements of the U.S. Department of Transportation's
regulations promulgated at 49 C.F.R. Pt. 23, Subpart F. Delta agrees that it will not discriminate against any business owner because of the owner's race,
color, national origin or sex in connection with the award or performance of any concession agreement covered by such regulations.
(c) Delta agrees to include the provisions set forth in Section 32.01(b) in any concession agreements that it enters into related to or connected with
Delta's use of Terminal 4 and to cause those concessionaires similarly to include such provisions in any subcontracts such concessionaires may enter into
related to or connected with Terminal 4. The foregoing shall not be construed as approval by IAT or the Port Authority of any such concession agreements
or subcontracts thereunder as required by this Agreement. Nothing herein is intended to grant Delta the right to enter into concession agreements for
Concession Space with respect to Terminal 4.
(d) Except as provided in Section 32.01(c), the provisions of this Article 32 are made solely for the benefit of the Port Authority, as a third party
beneficiary of this Agreement, and shall not give rise to any remedy in favor of any IAT Party, except to the extent exercise thereof is required by the Port
Authority.
116