Delta Airlines 2010 Annual Report Download - page 247

(i) "2026 Capital Repairs" means deferred Capital Repair items identified in the 2026 Condition Survey, but specifically excluding
recommendations for remediation of environmental conditions or for installation of (as opposed to replacement of) up-graded technology, systems or
other improvements not located at and serving Terminal 4 as of the Effective Date; and
(ii) "Costs of the 2026 Capital Repairs" means and include (i) the costs of performing any Approved 2026 Capital Repairs actually performed in
connection with the recommendations set forth in the 2026 Condition Survey; (ii) financing costs associated with the Approved 2026 Capital Repairs
Financing; and (iii) IAT's 50% share of the Costs of the Condition Survey for the 2026 Condition Survey.
Section 36.09. Recording Of Memorandum. Each party hereto, upon the written request of the other party, shall execute and deliver a memorandum of
this Agreement or of any amendment, supplement, extension or other modification hereof in proper form for recording, setting forth such provisions (other
than rental terms) as shall be required by applicable Law or reasonably requested by either party to give notice of the existence of this Agreement, such
amendment, supplement, extension or other modification and the provisions hereof or thereof. Either party hereto may cause such memorandum of this
Agreement or any amendment, supplement, extension or other modification to be recorded, and whichever party causes such recordation shall pay the cost of
such recording. Each party hereto, upon the written request of the other party shall execute and deliver such documents as are reasonably requested by the
other party, and in form and substance reasonably satisfactory to both parties, to permit such recordation.
Section 36.10. Severability. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction or by an
arbitration pursuant to this Agreement, such provision shall be deleted or may be altered by such court or arbitration, and this Agreement shall be enforced
subject to such deletion or alteration.
Section 36.11. Binding Effect. This Agreement shall be binding upon shall inure to the benefit of each party hereto and its successors and assigns, and
all references herein to IAT and Delta shall include their respective successors and assigns, provided that, nothing in this Section shall be construed to permit,
or waive any restriction with respect to, any assignment or transfer prohibited or restricted under this Agreement.
Section 36.12. No Third Party Beneficiaries. This Agreement is for the benefit of only IAT and Delta and their respective successors and assigns, and
there are no third party beneficiaries of this Agreement, except as expressly provided herein. To the extent expressly benefited hereunder as a third party
beneficiary, the Port Authority and the Trustee[s] may enforce this Agreement directly against either IAT or Delta.
Section 36.13. Amendment. This Agreement may be amended, changed or modified only by a writing signed by IAT and Delta and, to the extent
required by the Port/IAT Lease, subject to the approval of the Port Authority and to the extent required by the Bond Documents, subject to the approval of the
Trustee[s] and Bond Insurer.
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