Delta Airlines 2010 Annual Report Download - page 237

Section 34.04. Post-Term Obligations. (a) If after the end of the Term, IAT alleges that Delta has an obligation to indemnify it under Section 34.01,
Delta shall have the right (but not the obligation), to cause an environmental investigation of the Delta Premises (or portions thereof) to be performed, at
Delta's cost and expense, by a reputable, independent environmental consulting firm, for the purpose of verifying or disproving the basis for any such
allegation. Delta shall notify IAT at least 30 days prior to the commencement of any such on-site environmental investigation, and IAT shall have the right to
be present at and to observe any on-site investigation conducted by Delta's consultant, and to take split samples for purposes of conducting its own
investigation. Delta shall promptly provide IAT, at Delta's cost and expense, with the full and complete final copy of the independent environmental
consulting firm's report, including all test results and other data collected, measured, or otherwise relied upon by such consulting firm.
(b) The parties' rights and obligations with respect to any Assumed Environmental Damages and Excluded Environmental Damages, shall be subject to,
and apportioned in accordance with, the provisions of Section 34.01 and Remediated in accordance with the provisions of Section 34.05.
(c) In the event IAT recovers from any Person, including a Delta Sublessee, any amount payable in respect of any Assumed Environmental Damages,
Delta's share of such costs and expenses (if any), as determined in accordance with Section 34.01, shall be decreased proportionately.
(d) The following provisions shall survive termination of this Agreement: (i) Delta's obligation to release, indemnify or otherwise compensate IAT or
the IAT Parties in respect of any Assumed Environmental Damages under Section 34.01, (ii) Delta's obligation to reimburse IAT for Delta's Share of ATA
Permitted Remediation Costs pursuant to Section 7.05 related to costs of Remediation that, but for the expiration of the Term, would otherwise constitute
ATA Permitted Remediation Costs, provided such Remediation costs are not related solely to matters or conditions first occurring or originating following
the expiration of the Term, and (iii) Delta's obligation to indemnify the Port Authority under Section 5.01(f).
(e) IAT's obligation to release, indemnify or otherwise compensate Delta or the Delta Parties in respect of any Excluded Environmental Damages under
Section 34.01 shall survive termination of this Agreement.
Section 34.05. Remedial Standards. Whenever Delta or IAT shall be obligated under this Article 34 to Remediate or participate in the Remediation of
any Release prohibited under Section 34.03 or to pay for Remediation, it is understood that the Remediation shall be performed (i) to achieve a concentration
of Hazardous Substances applicable to non-residential property under then applicable Environmental Requirements or, if more stringent, the requirements set
forth in the Port/IAT Lease, (ii) cost effectively, including through the use of monitoring, natural attenuation or risk assessments allowed by then applicable
Environmental Requirements, and (iii) with the use of engineering controls, engineered barriers or institutional controls (such as deed restrictions) to the
extent such controls or barriers are authorized in writing by the Port Authority. Notwithstanding anything to the contrary stated in (i), (ii) and (iii), above,
Remediation shall be performed and completed as necessary in the judgment of the
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