Delta Airlines 2010 Annual Report Download - page 335

STANDARD TERMS AND CONDITIONS
RECITALS
WHEREAS, JFK IAT and the Port Authority of New York and New Jersey (the "Port Authority") have entered into an Agreement of Lease (the "Port
Authority Lease"), dated May 13, 1997, as amended, granting JFK IAT certain rights and privileges with respect to Terminal 4 and surrounding grounds at
John F. Kennedy International Airport (the "Airport");
WHEREAS, JFK IAT and Delta Air Lines, Inc. ("Delta") have entered into that certain Anchor Tenant Agreement (the "ATA"), dated as of , 2010,
granting Delta certain rights and privileges with respect to certain gates and hardstand positions located at Terminal 4 (the "Delta Gates/Hardstands"); and
WHEREAS, Airline is interested in obtaining from JFK IAT, and JFK IAT is willing to grant Airline the right to use, in common with other air carriers
conducting their business at Terminal 4 ("Terminal 4 Air Carriers"), certain spaces and facilities at Terminal 4 (including under certain circumstances the
Delta Gates/Hardstands) under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the covenants and mutual agreement of the parties hereto, the parties hereby agree as follows:
Section 1 INTERPRETATION
1.1 Interpretation. (a) The headings preceding the text of the sections and subsections of this Agreement shall be solely for convenience of reference and
shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
(b) Words importing the singular shall include the plural and vice versa, where the context requires.
(c) All references to a number of days shall mean calendar days, unless otherwise expressly indicated.
(d) The words "include" or "including" shall not be construed as words of limitation.
Section 2 TERM
2.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and terminate on the Expiration Date, unless sooner terminated in
accordance with the provisions in this Agreement. This Agreement shall not automatically renew.
Section 3 GRANT OF RIGHTS
3.1 Common Use of Terminal 4 Facilities. (a) Airline shall have the right to use, in common with others, the Terminal 4 Facilities, at such times as assigned
and allocated to Airline by JFK IAT and subject to conditions and limitations provided herein. "Terminal 4 Facilities" means those spaces and facilities, which
are operated, maintained and controlled by or on behalf of JFK IAT and made generally available by JFK IAT to Terminal 4 Air Carriers, and/or, if
designated by JFK IAT, the Delta Gates/Hardstands, for the use in enplaning, deplaning and transiting of persons, cargo and baggage, including the common
use check-in and ticketing counter space and equipment, gate hold areas and equipment, gates (which include defined ramp areas, loading bridges and
associated equipment/services, where available), hardstands, taxiways, planemates/busses, common use baggage handling equipment, the FIS facility,
common use restrooms and common use passageways. It is acknowledged that this Agreement does not provide Airline with exclusive space or facilities, or
certain other rights or priorities accorded to other Terminal 4 Air Carriers (including Delta) in JFK IAT's assignment and allocation of the Terminal 4
Facilities. Airline acknowledges its flight schedule at Terminal 4, and any changes thereto, must be approved by JFK IAT. Nothing herein shall be deemed to
convey to Airline any interest or property rights in Terminal 4 or the Terminal 4 Facilities.
(b) Airline and its authorized employees and agents shall have the right of ingress to and egress from Terminal 4 and between Terminal 4 and city streets
or public ways outside the Airport by means of existing roadways or, in the discretion of JFK IAT or the Port Authority, other substitute means of ingress and
egress to be used in common with others having rights of passage within the Airport. The rights granted in the
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