US Airways 2004 Annual Report Download - page 284

accounting firm made hereunder shall be final, binding and conclusive upon the
Company and Executive.
3.3 CERTAIN REDUCTIONS AND OFFSETS. The Company, in its sole discretion,
shall have the authority to reduce Executive's severance benefits, in whole or
in part, by any other severance benefits, pay in lieu of notice, or other
similar benefits payable to Executive by the Company that become payable in
connection with Executive's termination of employment pursuant to (i) any
applicable legal requirement, including, without limitation, the Worker
Adjustment and Retraining Notification Act (the "WARN Act"), (ii) a written
employment or severance agreement with the Company, or (iii) any Company policy
or practice providing for Executive to remain on the payroll for a limited
period of time after being give notice of the termination of Executive's
employment. The benefits provided under this Agreement are intended to satisfy,
in whole or in part, any and all statutory obligations that may arise out of
Executive's termination of employment, and the Company shall so construe and
enforce the terms of this Agreement. The Company's decision to apply such
reductions to the severance benefits of one Executive and the amount of such
reductions shall in no way obligate the Company to apply the same reductions in
the same amounts to the severance benefits of any other Executive, even if
similarly situated. In the Company's sole discretion, such reductions may be
applied on a retroactive basis, with severance benefits previously paid being
recharacterized as payments pursuant to the Company's statutory obligation.
3.4 TERMINATION ON ACCOUNT OF DEATH. In no event shall a termination on
account of Executive's death entitle Executive or any of his or her heirs or
beneficiaries to any benefits under this Agreement.
3.5 TERMINATION OF BENEFITS. Benefits under this Agreement shall terminate
immediately if Executive, at any time, violates any proprietary information or
confidentiality obligation to the Company.
3.6 TERMINATION OF CERTAIN OTHER BENEFITS. All other benefits (such as
401(k) plan coverage) shall terminate as of Executive's termination date.
3.7 NON-DUPLICATION OF BENEFITS. Executive is not eligible to receive
benefits under this Agreement more than one time.
ARTICLE 4
TIME OF PAYMENT AND FORM OF BENEFIT
4.1 The Company reserves the right to determine in what form the severance
benefits under this Agreement shall be paid and to determine the timing of such
payments. All such payments under this Agreement shall be subject to applicable
withholding for federal, state, and local taxes. In no event shall payment of
any severance benefit under Section 2.1 of this Agreement be made prior to
Executive's termination date or prior to the effective date of the release
described in Section 3.1 of this Agreement.
7.