Delta Airlines 2010 Annual Report Download - page 232

ARTICLE 33.
DISCRIMINATION AGAINST INDIVIDUALS
Section 33.01. Port/IAT Lease; Federal Law. (a) Delta covenants with respect to its use of Terminal 4, as a covenant running with the land and as and to
the extent a part of the consideration for this Agreement, for itself, its Sublessees, its successors in interest and its permitted assigns, that: (i) no individual on
the grounds of race, color, creed, national origin, sex, age, disability or marital status shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use by Delta of the Delta Premises and the exercise by Delta of any privilege under this Agreement; (ii) no
individual on the grounds of race, color, sex, creed or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination by Delta in the construction of any improvements on, over or under the Delta Premises and the exercise of any privilege by Delta under this
Agreement and the furnishing of services of any kind by Delta at the Delta Premises; and (iii) the Delta Premises and any privilege under this Agreement shall
be used by Delta in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Pt. 21 and any other present or future Laws of the United
States of America with respect thereto which from time to time may be applicable to Delta's operations at Terminal 4 whether by reason of agreement between
the Port Authority and the United States Government or otherwise. Delta shall include the provisions of Section 33.01(a) in every agreement or concession it
may make pursuant to which any person or persons, other than Delta, operates any facility on the Delta Premises providing services to the public and shall
also include therein a provision granting the Port Authority a right to take such action as the United States may direct to enforce such provisions.
(b) Delta agrees that it will with respect to its use of Terminal 4 undertake an affirmative action program as and to the extent required by the Port/IAT
Lease or 14 C.F.R. Pt. 152, Subpart E (or any successor statute) to ensure that: (i) no person on the grounds of race, creed, color, national origin, or sex be
excluded from participating in any employment activity covered by 14 C.F.R. Pt. 152, Subpart E (or any successor statute); and (ii) no person shall be
excluded on said prohibited factors from participating in or receiving the services or benefits of any program or activity covered by 14 C.F.R. Pt. 152,
Subpart E (or any successor statute). Delta further agrees that it will with respect to its use of Terminal 4 require that its covered suborganizations (within
the meaning of such term under 14 C.F.R. Pt. 152, Subpart E) (or any successor statute) provide assurances to Delta that they similarly will undertake
affirmative action programs and that they, in turn, will require assurances from their suborganizations, as and to the extent required by 14 C.F.R. Pt. 152,
Subpart E (or any successor statute), to the same effect.
(c) Any of the Port Authority, IAT and Delta shall have the right to take such action as the United States Government may direct to enforce the
provisions of this Section 33.01.
Section 33.02. State Law. Notwithstanding anything set forth in this Agreement, neither Delta nor Delta's employees, officers, directors and agents shall
discriminate in the conduct of Delta's operations at Terminal 4 against any individual in violation of Sections 290-301 of the New York State Executive Law
(or any successor statute) and any other present or future New York State law or regulation, or any present or future New York City ordinance or regulation,
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