Delta Airlines 2009 Annual Report Download - page 156

Secret: all marketing, alliance, advertising and sales plans and strategies; all pricing information; all financial, advertising and product development plans
and strategies; all compensation and incentive programs for employees; all alliance agreements, plans and processes; all plans, strategies, and agreements
related to the sale of assets; all third party provider agreements, relationships, and strategies; all business methods and processes used by Delta and its
employees; all personally identifiable information regarding Delta employees, contractors, and applicants; and all lists of actual or potential customers or
suppliers maintained by Delta. The term "Confidential or Proprietary Information" does not include information that has become generally available to the
public by the act of one who has the right to disclose such information. Nothing in this Agreement is intended, or shall be construed, to limit the
protections of any applicable law protecting confidential or proprietary information.
(c) Employee Non-Solicitation Agreement. During the term of your employment with Delta and during the one-year period following the termination
of such employment, you will not directly or indirectly (on your own behalf or on behalf of any other person, company, partnership, corporation or other
entity), employ or solicit for employment any individual who is a management or professional employee of Delta for employment with any entity or
person other than Delta or solicit, encourage or induce any such person to terminate their employment with Delta. The restrictions set forth in this Section
shall be limited to those Delta management or professional employees who: (i) were employed by Delta during your employment in a supervisory or
administrative job; and (ii) with whom you had material professional contact during your employment with Delta.
(d) Non-Competition Agreement. You acknowledge that Delta competes in a worldwide passenger air travel market, and Delta's business plan is
increasingly international in scope. You also acknowledge that although Delta's business plan focuses on international air travel as a growing and
important component, domestic air travel service will continue to be critical to Delta's success and will remain a primary focus of its overall air travel
business. You acknowledge that the airlines listed below are particular competitors to Delta in the domestic or international market, and employment or
consulting with any of the listed carriers would create more harm to Delta than relative to your possible employment or consulting with other air passenger
carriers or air cargo carriers. You agree that the restrictions placed on you under this paragraph will not prevent you from earning a livelihood, given the
large number of worldwide and domestic passenger and cargo air carriers not included in the list below. During the term of your employment with Delta
and for the one-year period following the termination of such employment, you will not on your own behalf or on behalf of any person, firm, partnership,
association, corporation or business organization, entity or enterprise, provide the same or substantially similar services, as an employee, consultant,
partner, or in any other capacity, to any of the following entities, which you hereby acknowledge are all competitors of Delta: AMR Corporation,
American Airlines, Inc., Continental Airlines, Inc., Southwest Airlines Co., UAL Corporation, United Air Lines, Inc., US Airways Group, Inc., US
Airways, Inc., JetBlue Airways 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
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