US Airways 2006 Annual Report Download - page 264

9.7 Reasonableness. Executive has carefully considered the nature and extent of the restrictions upon his and the rights and remedies conferred on the
Company under this Agreement, and Executive hereby acknowledges and agrees that:
(a) the restrictions and covenants contained herein, and the rights and remedies conferred upon the Company, are necessary to protect the goodwill and
other value of the business of the Company;
(b) the restrictions places upon Executive hereunder are fair and reasonable in time and territory, will not prevent him from earning a livelihood, and place
no greater restraint upon the Executive than is reasonably necessary to secure the business and goodwill of the Company;
(c) the Company is relying upon the restrictions and covenants contained herein in continuing to make available to Executive information concerning the
business of the Company;
(d) Executive's employment hereunder places him in a position of confidence and trust with the Company and its employees, customers and suppliers; and
(e) the provisions of this section shall be interpreted so as to protect the Proprietary Information, and to secure for the Company the exclusive benefits of
the work performed on behalf of the Company by the Executive under this Agreement, and not to unreasonably limit his ability to engage in employment and
consulting activities in noncompetitive areas which do not endanger the Company's legitimate interests expressed in this Agreement.
9.8 Remedy for Breach. Executive acknowledges and agrees that his breach of any of the covenants contained in this Article of this Agreement will cause
irreparable injury to the Company and that remedies at law available to the Company for any actual or threatened breach by the Executive of such covenants
will be inadequate and that the Company shall be entitled to specific performance of the covenants in this Article or injunctive relief against activities in
violation of this Article by temporary or permanent injunction or other appropriate judicial remedy, writ or order, without the necessity or proving actual
damages. This provision with respect to injunctive relief shall not diminish the right of the Company to claim and recover monetary damages against the
Executive for any breach of this Agreement, in addition to injunctive relief. In the event of any breach by the Executive, the Company shall be entitled to
immediately cease any and all payments and benefits being provided to the Executive and/or his family and to seek repayment from the Executive of any
severance payments previously paid to him under this Agreement. The Executive acknowledges and agrees that the covenants contained in this Article shall
be construed as agreements independent of any other provision of this or any other contract between the parties hereto, and that the existence of any claim or
cause of action by the Executive against the Company, whether predicated upon this or any other contract, shall not constitute a defense to the enforcement by
the Company of said covenants.
CRELLIN EMPLOYMENT AGREEMENT Page 18