Delta Airlines 2010 Annual Report Download - page 248

Section 36.14. Waiver Of Breach. Any delay in enforcing its rights or remedies hereunder shall not be a waiver by either party hereto of its rights and
remedies hereunder. All waivers of any right or remedy hereunder by either party hereto must be made in writing, and no such waiver shall waive any rights
or remedies except as expressly set forth therein.
Section 36.15. Relationship. This Agreement does not create any relationship between the parties hereto other than a contractual relationship by and
between two independent parties as landlord and tenant. This Agreement shall not create a partnership, joint venture, employer-employee, master-servant, or
any other fiduciary relationship, and no such relationship shall be inferred or construed hereunder.
Section 36.16. No Brokers. Each party hereto represents and warrants to the other and agrees that no brokers of any kind or nature were utilized by such
party in any manner in the introduction of the parties, the negotiation of this Agreement or the execution thereof, and that no broker whatsoever is entitled to
any commission or other compensation or remuneration of any kind as a result of such party's consummation of this Agreement.
Section 36.17. Choice Of Law. This Agreement shall be governed by and construed in accordance with the Law of the State of New York.
Section 36.18. Choice Of Venue. Any and all disputes or controversies arising out of, connected with or related to this Agreement that are not subject to
arbitration in accordance with Article 28 shall be brought in New York State Supreme Court, New York County or, if jurisdictionally permitted, the United
States District Court for the Southern District of New York.
Section 36.19. Waiver Of Jury Trial. EACH PARTY HERETO HEREBY WAIVES ANY RIGHT IT MAY OTHERWISE HAVE TO A TRIAL BY
JURY OF ANY CLAIM, DISPUTE OR CONTROVERSY BROUGHT BEFORE A COURT THAT ARISES OUT OF, RELATES TO OR IS
CONNECTED WITH THIS AGREEMENT, THE USE OR OPERATION OF ANY PART OF TERMINAL 4 OR ANY BREACH OF OR FAILURE TO
PERFORM ANY PROMISE, TERM, COVENANT, AGREEMENT, CONDITION, REPRESENTATION, WARRANTY OR OTHER PROVISION
HEREOF.
Section 36.20. Specific Performance. Each party to this Agreement acknowledges (and waives any defense based on a claim) that except where
monetary damages elsewhere in this Agreement are specifically provided, monetary damages are not an adequate remedy to redress a breach by the other
hereunder and that a breach by it hereunder would cause irreparable harm to any other party to this Agreement. Accordingly, each party to this Agreement
agrees that upon a breach of this Agreement by any other party, the remedies of injunction, declaratory judgment and specific performance shall be available
to such non-breaching party.
Section 36.21. Counterparts. This Agreement may be executed in any number counterparts, but not facsimile counterparts, each of which shall
constitute an original agreement, and all of which together shall constitute one and the same agreement.
Section 36.22. Delta Space Permit. Except as provided in connection with calculation of the Delta Rent pursuant to Section 7.02, the Delta Space
Permit is hereby terminated in all other
133