Delta Airlines 2010 Annual Report Download - page 233

prohibiting discrimination on the basis of race, color, creed, national origin, sex, age, disability, marital status or any other prohibited basis protected under
New York State or New York City law.
Section 33.03. Ongoing Affirmative Action/equal Opportunity Commitment.
(a) In addition to and without limiting any other term or provision of this Agreement, in the conduct of its operations at Terminal 4, Delta shall not, and
shall ensure that its Sublessees do not, discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age,
disability or marital status and shall undertake or continue existing programs of affirmative action to ensure that minority group persons and women are
afforded equal employment opportunity without discrimination. Such programs shall include, but not be limited to, recruitment, employment, job
assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selections for training or
retraining, including apprenticeship and on-the-job training.
(b) In addition to and without limiting the foregoing, and without limiting the other provisions of this Article 33, it is hereby agreed that Delta in
connection with its continuing operation, maintenance and repair of the Delta Premises, or any portion thereof, and in connection with every award or
agreement for concessions or consumer services at Terminal 4, shall throughout the term of this Agreement commit itself to and use good faith efforts to
implement an extensive program of affirmative action, to ensure maximum opportunities for employment and contracting by minorities and women. In
meeting said commitment, Delta agrees to submit such affirmative action programs to the Port Authority. Delta shall incorporate in such program such
revisions and changes which the Port Authority initially or from time to time may reasonably require. Delta throughout the Term of this Agreement shall
document its efforts in implementing such program, shall keep the Port Authority fully advised of Delta's progress in implementing such and shall supply
to the Port Authority such information, data and documentation with respect thereto as the Port Authority may from time to time and at any time request,
including, but not limited to, annual reports.
(c) Delta's non-compliance with the provisions of this Section shall entitle the Port Authority to pursue its remedies at law, as third party beneficiary of
this Agreement, to enforce compliance by Delta.
(d) In the implementation of this Section, the Port Authority may consider compliance by Delta with the provisions of any federal, state or local law
concerning affirmative action or equal employment opportunity which are at least equal to the requirements of this Article, as effectuating the provisions of
this Article. If the Port Authority determines that by virtue of such compliance with the provisions of any such federal, state or local law the provisions
hereof duplicate such law, the Port Authority may waive the applicability of the provisions of this Article to the extent that such duplication exists.
Section 33.04. General. (a) Under no circumstances shall Delta be required to take any action, or omit to take any action, under this Article to the extent
such action or omission would be in conflict with, or in violation of, any applicable Law.
118