Delta Airlines 2010 Annual Report Download - page 236

procedures set forth in Sections 24.03 and 24.04 shall be applicable to the defense and indemnification obligations under this Section 34.01.
(c) Delta may, but shall not be under an obligation to, on or before Phase I DBO, cause an environmental investigation of the Delta Premises to be
performed, as a Project Cost, by an environmental consulting firm, for the express purpose of identifying, and measuring the presence of, and/or
concentration of, any Hazardous Substances. Delta shall: (i) notify IAT at least 30 days prior to the commencement of any such on-site environmental
investigation, (ii) provide IAT fourteen (14) days to comment on a draft work plan for the investigation, which comments Delta will consider in good faith,
(iii) allow IAT to be present during the performance of the investigation at the Delta Premises, and (iv) allow IAT to collect split samples. Delta shall
provide IAT with a draft of the report presenting the results of the environmental investigation, allow IAT two weeks to provide reasonable comments on
the draft, and consider IAT's comments in good faith. Delta shall provide IAT, at Delta's cost and expense, with a complete copy of the final report
presenting the results of the environmental investigation, including all test results obtained during the performance of the environmental investigation.
Section 34.02. Compliance. (a) Delta and Delta's officers, directors and employees shall comply with, and shall use commercially reasonable efforts to
cause Delta's agents, contractors, invitees, Affiliates and Sublessees to comply with, all Environmental Requirements relating to (i) their respective operations
and activities in and on the Delta Premises, (ii) Assumed Environmental Damages, and (iii) Releases prohibited under Section 34.03.
(b) IAT and IAT's officers, directors and employees shall comply in all material respects with, and shall use commercially reasonable efforts to cause its
agents, contractors, invitees, Affiliates and Sublessees to comply in all material respects with, all Environmental Requirements relating to (i) their
respective operations and activities in and on Terminal 4, (ii) Excluded Environmental Damages, (iii) Releases prohibited under Section 34.03, and
(iv) work performed that constitutes ATA Permitted Remediation Costs.
Section 34.03. Prohibited Releases. (a) Delta shall not, and shall not permit Delta Representatives to, Release any Hazardous Substance in, on, or under
Terminal 4, and if such Release occurs, shall be fully responsible for same in accordance with Section 34.01 above.
(b) IAT shall not, and shall not permit IAT's Affiliates, IAT's Sublessees, and their respective officers, directors, employees, agents and contractors to,
Release any Hazardous Substance in, on, or under Terminal 4, and if such Release occurs, shall be fully responsible for same in accordance with
Section 34.01 above.
(c) Delta shall notify IAT, the general manager of the Airport and the applicable Governmental Authority of, and promptly Remediate, or cause the
Remediation of, at Delta's sole cost and expense and in accordance with the provisions of Section 34.05, any Release prohibited by subsection (a). IAT
shall notify Delta, the general manager of the Airport and the applicable Governmental Authority of, and promptly Remediate, or cause the Remediation
of, at the sole cost and expense of IAT and in accordance with the provisions of Section 34.05, any Release prohibited by subsection (b).
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