Delta Airlines 2010 Annual Report Download - page 336

preceding sentence shall not apply to any supplier or furnisher of services which, by the terms of this or any other agreement, is required to obtain a permit or
other authorization from either JFK IAT or the Port Authority unless such permit or authorization has been obtained and is in full force and effect.
(c) Airline and its authorized employees and agents shall have the right of ingress and egress between Terminal 4 and the Public Landing Area (as defined
in the Port Authority Lease) by means of existing taxiways 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 thereon.
3.2 Restrictions and Limitations on Rights Granted. Except as elsewhere provided in this Agreement, Airline is specifically prohibited from doing any of
the following, all of which are not included among the rights JFK IAT grants Airline:
(a) Conducting a business other than an air transportation business;
(b) Promoting, offering, supplying, selling or giving away goods or services (including food, liquor, and duty-free goods) on or about Terminal 4 except as
specifically provided in this Agreement or in a separate agreement with JFK IAT and, if required by the Port Authority Lease, the Port Authority;
(c) In any way altering any improvements to the Terminal or the Terminal 4 Facilities;
(d) Doing or authorizing to be done anything which may interfere with the effectiveness or accessibility of the drainage and sewage system, water system,
communications system, fire protection system, or any other part of the utility, electrical or other systems installed or located from time to time at Terminal 4;
(e) Doing or authorizing to be done anything at the Airport (i) which may constitute a hazardous condition so as to increase the risks normally attendant
upon operations permitted by this Agreement or (ii) which will invalidate or conflict with any insurance policies covering Terminal 4;
(f) Conducting its business in any manner inconsistent with FAA regulations or the rules and regulations of the Port Authority or JFK IAT;
(g) Performing any maintenance other than emergency or turnaround aircraft maintenance on aircraft operated by Airline while parked at the gate.
3.3 Rights Reserved. JFK IAT hereby reserves for itself all rights it does not expressly grant to Airline, including the right to enter into agreements with other
Terminal 4 Air Carriers and concession agreements with suppliers of goods and services to conduct business at Terminal 4, including in areas designated
herein by JFK IAT for use by Airline.
Section 4 FEES & CHARGES
4.1 General. Airline shall pay JFK IAT the fees and charges listed in this Section 4 for the use of Terminal 4, subject to the terms and conditions of this
Agreement. All fees and other payments to be made by Airline pursuant to this Agreement shall not be subject to offset or offset rights by Airline.
4.2
Terminal 4 License Fees.
(a) Airline shall pay to JFK IAT the per-passenger fees or per flight charge (the "Passenger Fee") as indicated on the Cover page under "Terminal 4
License Fees" for all of Airline's flights to the New York metropolitan area (JFK, LGA, EWR). For any existing Airline flights to EWR and LGA, as of the
Effective date, or if Airline should add flights (or start service) to EWR or LGA without reducing the then current flight schedule at Terminal 4, such EWR
and LGA activity shall be exempt from Passenger Fee calculations. If the Passenger Fee is based on a number of passengers it shall be calculated by deducting
the number of Airline's flightcrew on duty from the total number of natural persons and for international flights by multiplying the result by nine-hundred
ninety-five thousandths (0.995). The Passenger Fee may be subject to rate differentiation based on (i) classification as an international, domestic or in-transit
passenger; (ii) characterization as enplaned or deplaned passengers, (iii) classification of passenger traffic qualifying for rate discount, if any such discount is
in effect as to Airline, and (iv) usage during peak or off-peak hours (determined in each case by schedule and not by actual departure and/or arrival time).
(b) Airline shall pay any other fees and charges, including the Overtime Gate Parking Fee, which applies in the event Airline's aircraft remains parked at a
gate beyond the time allocated to that aircraft, the Common Use Check-in Counter Fee for the use of common check-in counters, the Hardstand Parking Fee
for the use of a hardstand and any other fees as indicated on the Cover page, such fees to be subject to adjustment pursuant to a notice delivered by JFK IAT
to Airline from time to time. These fees may be subject to rate
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