HomeMy WebLinkAboutECAT07-066 Northwest Airlines_first addendume `%4 i
FIRST ADDENDUM
TO THE EAGLE COUNTY AIR TERMINAL CORPORATION
TERMINAL BUILDING LEASE
BETWEEN
EAGLE COUNTY AIR TERMINAL CORPORATION AND NORTHWEST
AIRLINES, INC.
This First Addendum to the Eagle County Air Terminal Corporation Terminal Building
Lease between Eagle County Air Terminal Co oration and Northwest Airlines, Inc. (the
"Addendum") is effective as of theQ2day of 22&4QeV , 2007 by and between
EAGLE COUNTY AIR TERMINAL CORPORAT N ("ECAT") and
NORTHWEST AIRLINES, INC. ("Northwest").
1. RECITALS
WHEREAS, ECAT and NORTHWEST will be entering into a terminal building lease
for a thirty-six (36) month term beginning on December 1, 2006 ("Lease"); and
WHEREAS, at the time of entering into said Lease NORTHWEST will be operating
under Chapter 11 of the U.S. Bankruptcy Code; and
WHEREAS, ECAT and NORTHWEST desire to acknowledge such bankruptcy filing in
the Lease and further acknowledge that the commencement and pendency of such
bankruptcy will not constitute an event of default or entitle ECAT to exercise any of its
remedies under Section 13 of this Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set
forth in the Lease and this Addendum, the adequacy of which is hereby acknowledged by
the parties to be sufficient, the parties agree to the revised provision as follows:
Section 13.1.1.4 shall be deleted in its entirety and replaced with the following effective
upon execution of this First Amendment.
"13.1.1.4 Is the subject of any petition, proceedings or action by, for, or against
AIRLINE under any insolvency, bankruptcy or reorganization act of law, excluding,
however, Airline's Chapter 11 bankruptcy proceeding pending on the date of this
Lease."
All other terms and conditions of the Lease shall remain unchanged and in full force and
effect.
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In WITNESS WHEREOF, the parties have executed this First Addendum on the date
first written above.
EAGLE COUNTY 1' TERMINAL
O•O
By
Name
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Title
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By 7r =
Name James M. Greenwald, VP
�aciirttes ilifpe"i Affairs
Title
Date -Z -01 Date
OFFICE OFTHE
COUNTY ATTORNEY
(970) 328-8685
FAX: (970) 328-8699
www.eaglecountyus
Northwest Airlines, Inc.
Attn: John R. Decoster
Facilities and Airport Affairs
Department Al 135
2700 Lone Oak Parkway
Eagan, MN 55121
Re: Northwest Airlines Terminal Building Lease
Dear Mr. Decoster:
Enclosed for your file is an original Terminal Corporation Terminal Building Lease along with
an original First Addendum to the Eagle County Air Terminal Corporation Terminal Building
Lease between Eagle County Air Terminal Corporation and Northwest Airlines.
If you have any questions or concerns please feel free to contact our office.
Si
Rikki Vigil
Legal Secretary
Enclosure
Eagle County Building, 500 Broadway, PO. Box 850, Eagle, Colorado 81631-0850