US Airways 2006 Annual Report Download - page 266

force or effect. This Agreement may not be amended or modified otherwise than by a written agreement executed by the parties hereto or their respective
successors and legal representatives.
12.2 Notices. All notices and other communications hereunder shall be in writing and shall be given by hand delivery to the other party or by registered or
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to the Executive If to the Company:
Alan W. Crellin US Airways, Inc.
US Airways Group, Inc.
At Most Recent Address on File in 2345 Crystal Drive
Company Records Arlington, Virginia 22227
Attention: Executive Vice President, General
Counsel and Secretary
America West Holdings Corporation
111 West Rio Salado Parkway
Tempe, AZ 85281
Attention: Senior Vice President, General
Counsel
or to such other address as either party shall have furnished to the other in writing in accordance herewith. Notice and communications shall be effective when
actually received by the addressee.
12.3 Invalidity of Any Provision. It is the intention of the parties hereto that the provisions of this Agreement shall be enforced to the fullest extent
permissible under the laws of each state and jurisdiction in which such enforcement is sought, but that the unenforceability (or the modification to conform
with such laws) of any provision hereof shall not render unenforceable or impair the remainder of this Agreement which shall be deemed amended to delete or
modify, as necessary, the invalid or unenforceable provisions. The parties further agree to alter the balance of this Agreement in order to render the same valid
and enforceable. The terms of the restrictive covenant provisions of this Agreement shall be deemed modified to the extent necessary to be enforceable and,
specifically, without limiting the foregoing, if the term of the applicable restrictive covenant is too long to be enforceable, it shall be modified to encompass
the longest term which is enforceable and, if the scope of the geographic area of the applicable restrictive covenant is too great to be enforceable, it shall be
modified to encompass the greatest area that is enforceable.
12.4 Waiver of Breach. The waiver of a breach of any provision of this Agreement by a party hereto shall not operate or be construed as a waiver of any
subsequent breach by the other party hereto.
CRELLIN EMPLOYMENT AGREEMENT Page 20