Delta Airlines 2010 Annual Report Download - page 124

determination, divided by the total number of passengers arriving and departing from Terminal 4 during the applicable period; provided that, under no
circumstance shall Delta's Share of ATA Permitted Remediation Costs include any Assumed Environmental Damages consisting of costs or expenses related
to Remediation performed outside of the Excavation Boundary in connection with the Phase I IAT Project.
"Direct or Indirect Owner" is defined in the Port/IAT Lease and means a reference to ownership on a cumulative basis, whether or not through
subsidiaries.
"Effective Date" means the date first written above, which shall be the date upon which Delta and IAT become legally bound by the terms and
conditions of this Agreement.
"Emergency Repairs" is defined in Section 9.05.
"Environmental Requirements" is defined in the Port/IAT Lease and means all applicable present and future laws, statutes, enactments, resolutions,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, requirements and similar items of all
governmental agencies, departments, commissions, boards, bureaus or instrumentalities of the United States, states and political subdivisions thereof and all
applicable judicial, administrative, voluntary and regulatory decrees, judgments, orders and agreements relating to the protection of human health or the
environment, the foregoing to include, without limitation:
(i) All requirements pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, releases or threatened
releases of Hazardous Substances into the air, surface water, groundwater or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport or handling of Hazardous Substances; and
(ii) All requirements pertaining to the protection from Hazardous Substances of the health and safety of employees or the public.
"Escrow Account" means the account maintained pursuant to the Escrow Agreement and which shall be the account into which any Cash Deposit
required to be posted by Delta pursuant to Section 16.04 shall be deposited.
"Escrow Agent" means the escrow agent under the Escrow Agreement, which escrow agent shall be selected by the Bond Insurer and reasonably
satisfactory to each of Delta and IAT.
"Escrow Agreement" means an escrow agreement with the Escrow Agent in form and substance reasonably acceptable to IAT, the Bond Insurer, and
Delta, pursuant to which the Escrow Agent will maintain the Escrow Account and which shall set forth the terms and provisions concerning IAT's, the Bond
Insurer's, the Escrow Agent's and Delta's respective rights and obligations thereunder and in respect of the Escrow Account and Cash Deposit deposited
therein, including, among other matters, (i) the periodic application of same in accordance with Section 16.04, and (ii) the release of any remaining Cash
Deposit to Delta when and if the release conditions set forth in Section 16.04 are satisfied, or a Letter of Credit meeting the requirements of Section 16.04 has
been delivered by Delta.
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