Delta Airlines 2010 Annual Report Download - page 339

otherwise not pay any amount due to JFK IAT or to otherwise seek injunctive or monetary relief against JFK IAT whatsoever for any claim or controversy
arising out of the temporary suspension, interruption or discontinuance.
Section 7 OBLIGATIONS OF AIRLINE
7.1 General. Airline shall:
(a) Conduct its operations hereunder in an orderly and proper manner, considering the nature of such operations so as not to annoy, disturb or be offensive
to others at Terminal 4. Airline shall take all reasonable measures to eliminate or reduce as low as possible vibrations tending to damage any equipment,
structure, building or portion of a building which is a part of Terminal 4 and to keep the sound level of its operations as low as possible;
(b) Conduct all operations at Terminal 4 in a safe and careful manner; and
(c) Control all of its vehicular traffic in the Airport, take all precautions reasonably necessary to promote the safety of its passengers, customers, business
visitors and other persons, and employ such means as may be necessary to direct the movements of its vehicular traffic.
7.2 Permission of JFK IAT to Perform. If Airline fails to perform, for a period of 15 days after notice from JFK IAT, any obligation required by this
Section 7, JFK IAT may perform such obligation of Airline, and charge Airline for the cost (including applicable administrative costs) to JFK IAT of such
performance. However, if Airline's failure to perform any such obligation endangers the safety of operations at Terminal 4, JFK IAT may perform such
obligation of Airline at any time without giving prior notice and charge Airline for its costs (including applicable administrative costs) of such performance.
Performance by JFK IAT of any obligation of Airline shall not be deemed a waiver of any default or breach; and notwithstanding any such performance, JFK
IAT shall be permitted to exercise any and all remedies available to it for any such default or breach.
7.3 Compliance with Port Authority Lease. With respect to the use of the Terminal 4 Facilities, Airline agrees to observe and perform all of the terms,
provisions, covenants and conditions contained in the Port Authority Lease which JFK IAT as "Lessee" is obligated to observe and perform and that relate to
Airline's conduct and use of Terminal 4.
Section 8 TERMINAL 4 AIRLINES ASSOCIATION
8.1 Airlines Association. By executing this Agreement and as a condition to its effectiveness, Airline hereby agrees to pay on demand to the Terminal 4
Airline Consortium ("TFAC") for carriers operating at Terminal 4 its share (as allocated by the association) of the direct and indirect costs incurred by TFAC
for providing security and other services.
8.2 No JFK IAT Liability. JFK IAT shall not have any obligation or liability in connection with any activities or functions conducted by or provided on
behalf of the association.
Section 9 NONDISCRIMINATION; AFFIRMATIVE ACTION
9.1 Nondiscrimination. (a) Airline, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby
covenant and agree, as a covenant running with the land, that (1) no person on the grounds of race, creed, color, religion, age, sex or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of Terminal 4; (2) that no person on the grounds
of race, creed, color, religion, age, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination in the construction of improvements on, over, or under such land and the furnishing of services thereon; and (3) that Airline shall use Terminal
4 in compliance with all other requirements imposed by or pursuant to regulations of the Department of Transportation.
(b) Airline shall include the provisions of paragraph (a) of this Section in every agreement or concession it may make pursuant to which any person other
than Airline, operates any facility at Terminal 4 providing service to the public and shall also include therein a provision granting JFK IAT and/or the Port
Authority a right to take such action as the United States may direct to enforce such provisions.
(c) Airline's noncompliance with the provisions of this Section shall constitute a material breach of this Agreement. In the event of the breach by Airline of
any of the above non-discrimination provisions JFK
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