Delta Airlines 2007 Annual Report Download - page 128

the Additional Flight Privileges, or retirees with respect to space available retiree travel privileges) unless it reasonably determines in good faith that I have
materially violated any of my obligations under this Agreement, or any travel policy of Delta, or engaged in personal misconduct of the nature that would
reasonably justify suspension or termination of my flight privileges.
4. General Waiver and Release. In exchange for the benefits which Delta is providing under this Agreement and the Plan, I hereby agree as follows:
a. Except for the rights and obligations provided by or arising under the Plan, this Agreement, the Delta Pilots Defined Contribution Plan (or any
other policy, plan or program pertaining to retirees of Delta), the Delta Family-Care Savings Plan, the Delta Air Lines, Inc. 2007 Performance
Compensation Plan, or any right I may have to indemnification by Delta, I hereby release, acquit, withdraw, retract and forever discharge any and all
claims, or causes of action which I now have or may have hereafter, directly or indirectly, personally or in a representative capacity, against Delta,
including its predecessors and successors, and its subsidiaries and affiliates and all of each entity's respective administrators, fiduciaries, parents,
subsidiaries, plans, affiliates, officers, directors, shareholders, representatives, agents, employees, and all persons acting through or in connection with
Delta and the Air Lines Pilots Association, ("ALPA") its officers, agents, employees, counsel and representatives (each a "Released Party") by reason
of any matter, conduct, claim, event, act, omission, cause or thing whatsoever, from the beginning of time to, and including, the date of execution of
this Agreement. This general release includes, but is not limited to, all claims, manner of actions, and causes of action which arise under the Railway
Labor Act, Title VII of the Civil Rights Act of 1964, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Americans
with Disabilities Act; The Rehabilitation Act of 1973, as amended; The Family & Medical Leave Act; The Worker Adjustment and Retraining
Notification Act; 42 U.S.C. §§ 1981 through 1988; the Employee Retirement Income Security Act of 1974, as amended, any other federal, state or local
statute or ordinance respecting discriminatory hiring or employment practices or civil rights laws based on protected class status; common law claims of
intentional or negligent infliction of emotional distress, defamation, negligent hiring, breach of contract, breach of the covenant of good faith and fair
dealing, promissory estoppel, negligence, or wrongful termination of employment; and all other claims of any type or nature, including any claim in
contract or tort, and including any claim for attorneys' fees. I agree that the general release also includes, but is not limited to, all claims, manner of
actions, and causes of action arising from any allocation of the ALPA Claim or the ALPA Notes (both as defined and described in LOA 7 between
ALPA and Delta). I understand and intend that this General Release shall discharge all claims against the Released Parties to the extent permitted by
law, but shall not discharge claims arising out of any events which may occur after the date of execution of this Agreement.
b. Except as necessary to enforce the terms of this Agreement, I agree that neither I, nor anyone acting on my behalf, will sue any Released Party
based on any claim released under this Agreement. In the event that I sue, or anyone acting on my behalf sues, any Released Party based on any claim
released under this Agreement, I will hold each Released Party harmless from any claim asserted in such lawsuit and will accept no payment or other
benefit as a result of such lawsuit or any settlement thereof.
5. No Admissions. This Agreement is not to be construed in any way as an admission by any of the Released Parties that they have violated any federal,
state, or local law, ordinance, regulation, or policy.
6. ADEA Waiver. I understand that there may be numerous, valuable rights under federal and state law, including rights under the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq., which I am waiving by executing this Agreement. In connection with this, I hereby certify
that:
a. This Agreement and the Plan are written in a manner that is understandable to me;
b. I am receiving valuable consideration under this Agreement to which I would not otherwise be entitled;
c. I have been advised in writing to consult with an attorney prior to executing this Agreement;