US Airways 2004 Annual Report Download - page 331

contemplated by Section 5.4), provided that any other relief will be pursued
through an arbitration proceeding pursuant to this Article 6. For purposes of
this Section 6.6, each party hereto irrevocably and unconditionally:
(a) agrees that any suit, action or other legal proceeding arising
out of this Agreement (other than as contemplated by Section 5.4) shall only be
brought in the United States District Court for the District of the State of
Arizona or, if such court does not have jurisdiction or will not accept
jurisdiction, then only in the Superior Court of the State of Arizona,
(b) consents to the jurisdiction of any such court in any such suit,
action or proceeding, and
(c) waives any objection which such party may have to the laying of
venue of any such suit, action or proceeding in any such court.
6.7 WAIVER OF CERTAIN RIGHTS AND PROTECTIONS
BY AGREEING TO THIS BINDING ARTICLE 6, THE PARTIES UNDERSTAND THAT
THEY ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY OTHERWISE BE AVAILABLE
IF A DISPUTE WERE DETERMINED BY LITIGATION IN COURT, INCLUDING, WITHOUT
LIMITATION, THE RIGHT SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES PRECLUDED BY THIS
ARTICLE 6, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF DISCOVERY AND APPEAL,
AND A RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.
ARTICLE 7
MISCELLANEOUS
7.1 NO MITIGATION OR SET OFF
The provisions of this Agreement are not intended to, nor shall they
be construed to, require that Parker mitigate the amount of any payment provided
for in this Agreement by seeking or accepting other employment, nor shall the
amount of any payment provided for in this Agreement be reduced by any
compensation earned by Parker as the result of employment by another employer or
otherwise. Without limitation of the foregoing, Employers' obligations to make
the payments to Parker required under this Agreement and otherwise to perform
their obligations hereunder shall not be affected by any set off, counterclaim,
recoupment, defense or other claim, right or action that either an may have
against Parker.
7.2 ASSIGNABILITY
The obligations of Parker hereunder are personal and may not be
assigned or delegated by Parker or transferred in any manner whatsoever, nor are
such obligations subject to involuntary alienation, assignment or transfer. Each
Employer shall have the right to assign this Agreement and to delegate all its
rights, duties and obligations hereunder as provided in Section 7.5.
18.