US Airways 2004 Annual Report Download - page 300

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
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.
ARTICLE 5
GENERAL PROVISIONS
5.1 EMPLOYMENT STATUS. Nothing in this Agreement alters the at-will nature
of Executive's employment. Either the Company or Executive can terminate the
employment relationship at any time, with or without cause and with or without
advance notice. This at-will employment relationship can only be modified in a
writing signed by Executive and a duly authorized Company representative.
5.2 NOTICES. Any notices provided hereunder must be in writing, and such
notices or any other written communication shall be deemed effective upon the
earlier of personal delivery (including personal delivery by facsimile) or the
third (3rd) day after mailing by first class mail, to the Company at its primary
office location and to Executive at Executive's address as listed in the
Company's payroll records. Any payments made by the Company to Executive under
the terms of this Agreement shall be delivered to Executive either in person or
at the address as listed in the Company's payroll records.
5.3 SEVERABILITY. Whenever possible, each provision of this Agreement will
be interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Agreement is held to be invalid, illegal or
unenforceable in any respect under any applicable law or rule in any
jurisdiction, such invalidity, illegality or unenforceability will not affect
any other provision or any other jurisdiction, but this Agreement will be
reformed,
7.