Delta Airlines 2008 Annual Report Download - page 190

Corporation, AirTran Holdings, Inc., or AirTran Airways, Inc. (individually and collectively, the "Competitor"). This restriction shall only apply to the
extent that you may not provide services to the Competitor: (a) while working within a fifty (50) mile radius of the city limits of Atlanta, Georgia; or
(b) while working out of or within a fifty (50) mile radius of the corporate headquarters or a major hub operation of the Competitor.
(e) Return of Property. You hereby agree that all property belonging to Delta, including records, files, memoranda, reports, personnel
information (including benefit files, training records, customer lists, operating procedure manuals, safety manuals, financial statements, price lists and
the like), relating to the business of Delta, with which you come in contact in the course of your employment (hereinafter "Delta's Materials") shall, as
between the parties hereto, remain the sole property of Delta. You hereby warrant that you shall promptly return all originals and copies of Delta's
Materials to Delta at the time your employment terminates.
(f) Cooperation. You hereby agree that you shall, both during and after your employment with Delta, to the extent requested in writing and
reasonable under the circumstances, cooperate with and serve in any capacity requested by Delta in any pending or future litigation in which Delta has
an interest, and regarding which you, by virtue of your employment with Delta, have knowledge or information relevant to the litigation.
3. Dispute Resolution.
(a) Arbitration. You hereby agree that except as expressly set forth below, all disputes and any claims arising out of or under or relating to the
Award or this Agreement, including without limitation any dispute or controversy as to the validity, interpretation, construction, application,
performance, breach or enforcement of this Agreement, shall be submitted for, and settled by, mandatory, final and binding arbitration in accordance
with the Commercial Arbitration Rules then prevailing of the American Arbitration Association. Unless an alternative locale is otherwise agreed in
writing by the parties to this Agreement, the arbitration shall be conducted in the City of Wilmington, Delaware. The arbitrator will apply Delaware law
to the merits of any dispute or claim without reference to rules of conflicts of law. Any award rendered by the arbitrator shall provide the full remedies
available to the parties under the applicable law and shall be final and binding on each of the parties hereto and their heirs, executors, administrators,
successors and assigns and judgment may be entered thereon in any court having jurisdiction. You hereby consent to the personal jurisdiction of the
state and federal courts in the State of Delaware, with venue in Wilmington, for any action or proceeding arising from or relating to any arbitration
under this Agreement. The prevailing party in any such arbitration shall be entitled to an award by the arbitrator of all reasonable attorneys' fees and
expenses incurred in connection with the arbitration. However, Delta will pay all fees associated with the American Arbitration Association and the
arbitrator. All parties must initial here for this Section 3 to be effective:
[NAME]
Robert L. Kight—Vice President—Compensation, Benefits and Services Delta Air Lines, Inc.
(b) Injunctive Relief in Aid of Arbitration; Forum Selection. You hereby acknowledge and agree that the provisions contained in Section 2 of
this Agreement are reasonably necessary to protect the legitimate business interests of Delta, and that any breach of any of these provisions will result
in immediate and irreparable injury to Delta for which
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