Delta Airlines 2010 Annual Report Download - page 238

Port Authority to obtain timely compliance with the Basic Lease and accordingly, such Basic Lease related compliance shall control and govern, provided that
such standard is at least as stringent as the Port/IAT Lease.
Section 34.06. Agents and Contractors. (a) For purposes of determining whether Environmental Damages or a Release prohibited under Section 34.03
or any other event giving rise to indemnification under the provisions of this Article 34 results from the act or omission of an agent or contractor of Delta or
Delta's Affiliates, no Approved Contractor or other Person selected or approved by the Management Committee shall be deemed to be a contractor or agent of
Delta or Delta's Affiliates merely by reason of Delta's representation on the Management Committee.
(b) For purposes of determining whether Environmental Damages or a Release prohibited under Section 34.03 or any other event giving rise to
indemnification under the provisions of this Article 34 results from the act or omission of an agent or contractor of IAT or IAT's Affiliates, no Approved
Contractor or other Person selected or approved by the Management Committee shall be deemed to be a contractor or agent of IAT or IAT's Affiliates
merely by reason of IAT's representation on the Management Committee.
Section 34.07. Environmental Information. Each party (in this Section, the "responding party") shall make available to the other (in this Section, the
"requesting party"), upon receiving reasonable notice from the requesting party, any information reasonably within the responding party's control such as
results of investigations, investigations of releases, reports about regulatory action or reports regarding an audit of conditions of the premises, including
results, investigations and reports prepared by or for the responding party to Governmental Authorities, in each case pursuant to applicable Environmental
Requirements. All reasonable requests for such information shall be fulfilled within a reasonable period of time at the requesting party's cost and expense.
Section 34.08. Access. (a) Without limiting anything contained in this Agreement, IAT and its respective officers, employees, agents, representatives,
designees, and independent contractors, shall have the right, but not the obligation, to enter upon any portion of the Delta Space, (i) upon at least five days'
prior notice to Delta's station manager and Director of Environmental Services, to conduct tests and related activities, install wells, dig, pump, remove soil or
water or other materials, perform inspections, and generally conduct such other activities as may be necessary to carry out any Remediation for which IAT
may be responsible, and (ii) upon at least five days' prior notice to Delta's station manager and Director of Environmental Services together with a statement
of the reason and available evidence, to investigate any reasonably held belief that Delta is or has been in violation of this Article 34. Any activity conducted
by IAT pursuant to this Section 34.08 shall be conducted at IAT's sole cost and expense and IAT shall not, in conducting such activity, or in permitting such
activity to be conducted, interfere or permit interference with Delta's operations. IAT shall indemnify the Delta Parties for any Damages incurred by them
arising out of acts or omissions of IAT, the IAT Parties, or their officers, employees, agents, representatives, designees, and independent contractors, in the
exercise of any right conferred by this Section 34.08.
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