Delta Airlines 2014 Annual Report Download - page 214

of New York and had lawfully been served with such process in such state, it being understood that such designation
and appointments shall become effective without further action on the part of its Secretary.
Subject to any legal or governmental requirements of disclosure, the parties (which for this purpose shall include their
employees, agents and advisors) shall maintain the terms and conditions of the Agreement and any reports or other
data furnished hereunder strictly confidential. Without limiting the generality of the foregoing, the Buyer shall use
reasonable efforts to limit the disclosure of the contents of the Agreement to the extent legally permissible in any
filing required to be made by the Buyer with any governmental agency and shall make such applications as shall be
necessary to implement the foregoing. The Seller agrees to provide to the Buyer, no less than fifteen (15) Business
Days prior to the date by which the Buyer is required to make any such filing, provided however that the Buyer shall
have given the Seller a minimum of thirty (30) days notice, a redacted version of the Agreement. The Buyer agrees to
use such redacted version for filing of the Agreement with the Securities and Exchange Commission, and the Buyer’
s
filing shall include a request for confidential treatment of the Agreement. The Buyer and the Seller shall consult with
each other prior to the making of any public disclosure or filing, permitted hereunder, of the Agreement or the terms
and conditions thereof. The provisions of this Subclause 22.7 shall survive any termination of the Agreement.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
22.6.3
The assumption in Subclause 22.6.1 made for the purpose of effecting the service of process shall not affect any
assertion of diversity by either party hereto initiating a proceeding in the New York Federal Courts or seeking transfer
to the New York Federal Courts on the basis of diversity.
22.6.4
Service of process in any suit, action or proceeding in respect of any matter as to which the Seller or the Buyer has
submitted to jurisdiction under Subclause 22.6.1 may be made on the Seller by delivery of the same personally or by
dispatching the same via Federal Express, UPS, or similar international air courier service prepaid to: CT Corporation,
New York City offices as agent for the Seller, it being agreed that service upon CT Corporation shall constitute valid
service upon the Seller or by any other method authorized by the laws of the State of New York, and (ii) may be made
on the Buyer by delivery of the same personally or by dispatching the same by Federal Express, UPS, or similar
international air courier service prepaid, return receipt requested to: Corporation Service Company, 80 State Street,
Albany, New York 12207-
2543, or by any other method authorized by the laws of the State of New York; provided in
each case that failure to deliver or mail such copy shall not affect the validity or effectiveness of the service of
process.
22.7
Confidentiality
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
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