US Airways 2004 Annual Report Download - page 329

5.3 INJUNCTIVE RELIEF
Parker acknowledges that a breach of any of the covenants contained
in this Article 5 may result in material irreparable injury to the Constituent
Companies for which there is no adequate remedy at law, that it will not be
possible to measure damages for such injuries precisely and that, in the event
of such a breach and the Constituent Companies (or any of them) shall be
entitled to obtain a temporary restraining order and/or a preliminary or
permanent injunction restraining Parker from engaging in activities prohibited
by this Article 5 or such other relief as may required to specifically enforce
any of the covenants contained in this Article 5. Parker agrees to and hereby
does submit to in personam jurisdiction before each and every such court for
that purpose.
ARTICLE 6
DISPUTE RESOLUTION
6.1 GENERAL
Any claim, dispute, or controversy of whatever nature arising out of
or relating to this Agreement (including any other agreement(s) contemplated
hereunder), including any action or claim based on tort, contract, or statute
(including any claims of breach or violation of statutory or common law
protections from discrimination, harassment and hostile working environment), or
concerning the interpretation, effect, termination, validity, performance and/or
breach of this Agreement (a "DISPUTE"), shall to the fullest extent permitted by
law be resolved by final and binding arbitration before a panel of three
arbitrators ("ARBITRATORS") selected from and administered by JAMS (the
"ADMINISTRATOR") in accordance with its then existing Comprehensive Arbitration
Rules & Procedures, except with respect to the selection of such Arbitrators
which shall be made in accordance with Section 6.3 below. The arbitration
hearing shall be held in Maricopa County, Arizona.
6.2 PRELIMINARY REQUIREMENTS
Before commencing the above-referenced JAMS arbitration, the parties
shall first make a good faith attempt to resolve a Dispute through their
management. In the event such good faith negotiation fails to settle a Dispute
within 30 days from notice of such Dispute, the parties shall endeavor to
resolve the Dispute by mediation through JAMS. If the Dispute has not been
resolved pursuant to the JAMS mediation within 30 days of the request for
mediation, the Dispute shall be submitted to the JAMS arbitration process
described herein.
6.3 CHOICE OF ARBITRATORS
The choice of Arbitrators shall be made as follows. Parker shall
choose one independent Arbitrator and Holdings shall choose one independent
Arbitrator. The two Arbitrators so chosen will choose the third Arbitrator, who
must be independent with excellent academic and professional credentials, with
experience in the subject matter of the Dispute and who has had both training
and at least five years experience as an arbitrator.
16.