Delta Airlines 2010 Annual Report Download - page 243

ARTICLE 36.
MISCELLANEOUS
Section 36.01. Force Majeure. Notwithstanding any other provision of this Agreement, each of Delta and IAT shall not be deemed to be in violation of
this Agreement nor to have breached this Agreement, nor shall it be deemed to be an Event of Default nor an IAT Event of Default, as the case may be, to the
extent that such party is prevented from performing specific obligations under this Agreement by reason of any strikes, lock-outs, boycotts, other labor
disputes, embargoes, shortages of materials or supplies, fire, casualty, acts of God including severe weather conditions, earthquakes, flood, acts of war, acts of
an enemy of the United States, riots, rebellion, sabotage or any other unusual circumstance for which such party is not responsible and which is not within
such party's control (collectively, "Force Majeure Events"), in all cases only to the extent that a Force Majeure Event directly affects such specific
obligations under this Agreement, provided that, the foregoing shall not limit Delta's obligations in respect of cost overruns pursuant to Section 6.02 or relieve
Delta from paying the Rent hereunder through the date of termination of this Agreement as a result of such Force Majeure Event.
Section 36.02. Waste. Subject to any other rights or obligations arising from this Agreement or the Port/IAT Lease, Delta shall not and IAT shall not
cause, allow, suffer or permit any common law waste or injury to Terminal 4, or permit any use of Terminal 4 that is a common law nuisance or unlawfully
inhibits the enjoyment or benefit of the other party's interest in Terminal 4.
Section 36.03. Attornment. In the event that (x) IAT assigns or transfers its rights and obligations under this Agreement (other than collateral
assignments for security purposes in connection with the Terminal 4 Project Bond Documents, unless and until such collateral assignments are exercised by
the holder thereof), (y) the Trustee[s], or the Port Authority or any designee of the Trustee[s], or the Port Authority enter[s] into a lease replacing the Port/IAT
Lease, or (z) (i) the Trustee[s], or any designee of the Trustee[s] or (ii) the Port Authority succeeds to the interest of IAT under the Port/IAT Lease and this
Agreement, Delta shall attorn to such assignee, transferee or designee, the Trustee[s], or the Port Authority (in this Section "such transferee") and shall
continue to be obligated by, and to perform all of its obligations pursuant to, this Agreement in the manner required by this Agreement as if such transferee
were IAT, provided that, such transferee agrees to recognize (and recognizes) all of Delta's rights pursuant to this Agreement and agrees to be obligated by,
and to perform (and performs) all of IAT's obligations pursuant to this Agreement in the manner required by this Agreement as if such transferee were IAT.
This Section shall be self-operative without any further writing being necessary. Promptly after a request by such transferee, as a condition to the continued
effectiveness of the provisions of this Section benefiting Delta, Delta shall execute and deliver an agreement with such transferee confirming the provisions of
this Section in form and substance reasonably satisfactory to such transferee and Delta. Promptly after a request by Delta, as a condition to the continued
effectiveness of the provisions of this Section benefiting such transferee, such transferee shall execute and deliver an agreement with Delta confirming the
provisions of this Section in form and substance reasonably satisfactory to Delta and such transferee. Nothing in this Section 36.03 shall be construed to
permit, or waive any restriction with respect to, any assignment or transfer prohibited or restricted under this Agreement.
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