Delta Airlines 2010 Annual Report Download - page 403

SCHEDULE 8-3
Terminal 3 Parking Fees
Capitalized terms used but not defined in the body of the Agreement shall have the meanings assigned to such terms in this Schedule 8-3.
The "Terminal 3 Parking Fee" shall be determined by multiplying the amount of time a Contract Carrier or Other JFK Carrier is utilizing a Terminal 3
Hardstand Position by the applicable Terminal 3 Hardstand Daily Use Fee or Terminal 3 Hardstand Hourly Use Fee, as appropriate, and shall be applied as a
credit to Post-DBO Rent in accordance with Section 8.3 of the Agreement.
For purposes of this Schedule 8-3, the following definitions shall apply:
"Delta Use Carrier" shall mean Delta and Delta Affiliate Carriers which may operate through arrangements with Delta.
"Other JFK Carriers" shall mean Contract Carriers (excluding Delta Use Carriers) and other Scheduled Aircraft Operators operating at the Airport.
"Terminal 3 Additional Rental" means any rental other than Terminal 3 Ground Rental paid by Delta to the Port Authority from time-to-time under the
Terminal 3 Parking Space Permit. This amount shall exclude fees paid or payable by the Permittee to the Port Authority, independent of the Basic Fee under
the Permit, arising out of or related to the enforcement of the Permit provisions, e.g., late fees, audit service fees, legal fees and expenses, etc.
"Terminal 3 Capital Charge" means an annual amount determined by amortizing over the lesser of ten (10) years or the remaining period of permission of
the Terminal 3 Parking Space Permit, at the interest rate of the longest maturity of the Series 8 Bonds, the sum of all unreimbursed costs and expenses
incurred by Delta with respect to the design, demolition (of Terminal 3) and construction of the 2010 Construction Work (as defined in Supplement No. 3 to
the Port/Delta Lease), excluding (i) construction of the Terminal 2-4 Pedestrian Connector and costs and expenses relating thereto, (ii) all underground
environmental Remediation of Hazardous Substances, (iii) the demolition of the Air Train connector and elevator core at Terminal 3, together with any
unreimbursed Capital Expenditures made by Delta with respect to the Terminal 3 Site during the term of the Terminal 3 Parking Space Permit. To the extent
any amount is included in the Terminal 3 Capital Charge that is later reimbursed, the Terminal 3 Capital Charge shall be recalculated prospectively taking into
account the reimbursement amount received. As of the date upon which the Port Authority PFC application for funding for the 2010 Construction Work is
approved, any amount that is to be reimbursed to the Permittee by Port Authority PFC funds shall be excluded from the Terminal 3 Capital Charge; however,
if any of these amounts submitted to the Port Authority for reimbursement from PFC funds are not reimbursed by the Port Authority then these amounts shall
be included in the Terminal 3 Capital Charge on a prospective basis.
Sch. 8-3