Delta Airlines 2002 Annual Report Download - page 79

(f) Executive acknowledges and agrees that the Company's remedies at law
for a breach or threatened breach of any of the provisions of this Section 8.06
would be inadequate and, in recognition of this fact, Executive agrees that, in
the event of such a breach or threatened breach, in addition to any remedies at
law, the Company, without posting any bond, shall be entitled to seek equitable
relief in the form of specific performance, temporary restraining order,
temporary or permanent injunction or any other equitable remedy which may then
be available.
(g) Notwithstanding any other provisions of this Agreement, the provisions
of this Section 8.06 shall survive and remain in effect notwithstanding the
termination of this Agreement or any breach by the Company or Executive of any
other term of this Agreement.
Section 8.07. Non-Exclusivity of Benefits. Unless specifically provided
herein, neither the provisions of this Agreement nor the benefits provided
hereunder shall reduce any amounts otherwise payable, or in any way diminish
Executive's rights as an employee of the Company, whether existing now or
hereafter, under any compensation and/or benefit plans (qualified or
nonqualified), programs, policies, or practices provided by the Company, for
which Executive may qualify. Vested benefits or other amounts which Executive is
or becomes otherwise entitled to receive under any plan, policy, practice, or
program of the Company (i.e., including, but not limited to, vested benefits
under the Qualified Pension Plan, the Retention Program and the Excess Benefit
Agreement, but excluding benefits under any broad-based severance plan), during,
at or subsequent to the date of termination of Executive's employment shall be
payable in accordance with such plan, policy, practice, or program except as
expressly modified by this Agreement.
Section 8.08. Compensation Taken Into Account. Severance Benefits provided
hereunder (other than, to the extent applicable, amounts payable pursuant to
Sections 4.01(a), 4.01(c) and 5.01) shall not be considered for purposes of
determining Executive's benefits under any other plan or program of the Company
(including without limitation the Qualified Pension Plan and the Excess Benefit
Agreement).
Section 8.09. Employment Status. Nothing herein contained shall interfere
with the Company's right to terminate Executive's employment with the Company at
any time, with or without Cause, subject to the Company's obligation to provide
such Severance Benefits and other amounts as may be required hereunder.
Section 8.10. Mitigation. In no event shall Executive be obligated to seek
other employment or take any other action by way of mitigation of the amounts
payable to Executive under any of the provisions of this Agreement, nor shall
the amount of any payment hereunder be reduced by any compensation earned by
Executive as a result of employment by another employer.
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