Delta Airlines 2010 Annual Report Download - page 245

demands, consents, approvals and other communications hereunder are to be delivered by giving the other party notice in the manner required in this Section.
Section 36.06. Entire Agreement. This Agreement and the other Transaction Documents constitute the entire agreement of the parties hereto with
respect to the subject matter hereof. No parole or extrinsic evidence shall be used to modify, supplement or amend the express terms of this Agreement. No
representations, inducements, arrangements or agreements, oral or otherwise, between the parties with respect to the subject matter of this Agreement exist
that are not otherwise contained or set forth in writing in this Agreement or the other Transaction Documents, and no such representations, inducements,
arrangements or agreements shall have any force or effect unless set forth herein or therein. Notwithstanding the foregoing, the agreements and other
documents listed on Schedule 36-1 shall survive the execution and delivery hereof and continue in force and effect according to their respective provisions.
Section 36.07. Port/Delta Lease. Nothing in this Agreement shall apply to, modify, or be deemed to modify, or relate in any way to, the activities or
services performed by Delta on or with respect to premises covered by the Port/Delta Lease or any other agreement between the Port Authority and Delta.
Section 36.08. 2026 Condition Survey. IAT and Delta hereby agree that the following provisions shall apply in connection with the Condition Survey, if
any, conducted by the Port Authority pursuant to Section 40(h) of the Port/IAT Lease in the 2026 calendar year (the "2026 Condition Survey"):
(a) Within five (5) days of IAT's receipt from the Port Authority of the name of the proposed Condition Survey Contactor and the form of the proposed
Condition Survey Contract, IAT shall deliver same to Delta. Delta shall either approve, or provide reasonable details of its objections to, the proposed
Condition Survey Contractor or the proposed Condition Survey Contract within ten (10) days after receipt from IAT. IAT shall not approve the proposed
Condition Survey Contractor or the form of the proposed Condition Survey Contract without first addressing with the Port the objections, if any, raised by
Delta (or if Delta fails to respond during the applicable time period, IAT may approve or reject such Condition Survey Contractor and/or Condition Survey
Contract in accordance with the Port/IAT Lease); provided that, Delta and IAT acknowledge that the Port is under no obligation to accept IAT's objection
to the Condition Survey Contract or the Condition Survey Contractor.
(b) Within thirty (30) days after the Report Date, Delta and IAT shall consult with one another with respect to the 2026 Condition Survey Report and
shall ascertain which of the items set forth in the 2026 Condition Survey, if any, are required to be performed as a 2026 Capital Repair. The parties
expressly acknowledge that the Port Authority may require IAT to complete maintenance, repairs and other work pursuant to the 2026 Condition Survey
that do not fall within the definition of 2026 Capital Repairs. Delta and IAT shall work cooperatively to review the 2026 Condition Survey and Delta shall
have consultation rights in respect thereof (and IAT shall not consent to the inclusion of any recommended repairs being included as 2026 Capital Repairs
without prior consultation with Delta), to mutually and reasonably agree as to the scope, design, and other matters to be considered as Approved 2026
Capital Repairs,
130