Delta Airlines 2002 Annual Report Download - page 70
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value for this purpose, all terms applicable to Executive under such retiree
benefit plans (including the level of premiums, if any, payable by Executive)
shall be taken into account.
(f) For purposes of calculating the Supplemental Retirement Benefit,
Executive shall be credited with additional years of service credit in an amount
equal to the lesser of (i) three years and (ii) the Remaining Months, provided,
however, that Executive shall be credited with at least one additional year of
service credit; provided further, however, that Executive's years of service
credit shall not exceed the maximum years of service credited under the Excess
Benefit Agreement.
The Severance Benefits (other than those described in Paragraph (f) and
the first sentence of each of Paragraphs (d) and (e) above) shall be paid or
provided to Executive as soon as practicable following the date of termination
of Executive's employment, but in no event later than 30 days from the date of
such termination of employment.
Section 4.02. For Cause; Without Good Reason. In the event Executive's
employment shall be terminated by the Company for Cause or by Executive other
than for Good Reason, the Company shall have no further obligations to Executive
hereunder, other than for Accrued Benefits. Notwithstanding any other provision
of this Agreement to the contrary, Executive shall not be liable to the Company
for breach of this Agreement as a result of termination of his employment other
than for Good Reason, provided Executive has furnished the Company at least 60
days prior written notice of such termination.
Section 4.03. Death or Disability. In the event of Executive's death or
termination by the Company for Disability during the Agreement Term, the Company
shall have no further obligations to Executive or his legal representatives
hereunder, other than for Accrued Benefits.
Section 4.04. Return of Materials. Executive agrees that upon termination
of his employment hereunder for any reason, he shall return to the Company
immediately all memoranda, books, papers, plans, information, letters and other
data, and all copies thereof or therefrom, in any way relating to the business
of the Company or any of its affiliates, except that he may retain personal
notes, notebooks and diaries. Executive further agrees that he shall not retain
or use for his account at any time any trade name, trademark, service mark or
other proprietary business designation used or owned in connection with the
business of the Company or any of its affiliates.
6