Delta Airlines 2010 Annual Report Download - page 239

(b) Delta and its officers, employees, agents, representatives, designees, and independent contractors, including the environmental consulting firm
designated by Delta in accordance with Section 34.04(a), shall have the right, during the Term and, upon notice to IAT, after the end of the Term, to enter
upon any portion of Terminal 4 to Remediate any Release prohibited under Section 34.03 or to conduct such tests and related activities, including taking
soil or groundwater samples from existing or new borings or wells, as may be reasonably required to exercise Delta's rights under Section 34.04(a) or carry
out a Remediation, and IAT shall obtain all necessary consents from the Port Authority (and/or the subsequent owner or lessees of Terminal 4 superior in
title to Delta) to allow Delta to exercise its rights under this Section 34.08 after the end of the Term. Delta shall indemnify the IAT Parties for any
Damages incurred by them as a result of the negligence of Delta or Delta's officers, employees, agents, representatives, designees, and independent
contractors in the exercise of any right conferred by this Section 34.08.
Section 34.09. Third Parties. Nothing in this Article 34 shall limit the rights and remedies that IAT or Delta may have against third parties at law, in
equity or otherwise.
Section 34.10. Survival. Except as otherwise provided in this Article 34, the terms and provisions of this Article 34 shall survive the expiration or
termination or this Agreement.
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