Sprint - Nextel 2011 Annual Report Download - page 159

Notwithstanding anything in this Section 9(b) to the contrary, to the extent the Executive has not executed the Release within the
Release Consideration Period and delivered it to the Company, or has revoked the executed Release within the Release Revocation
Period, as determined at the end of such Release Revocation Period, the Executive will forfeit any right to receive the payments and
benefits specified in this Section 9(b) (other than any accrued but unpaid payments and benefits through the date of termination of
employment).
(c) Termination by the Company Without Cause or Resignation by the Executive for Good Reason During the CIC
Severance Protection Period. Subject to (i)-(iv) below, if the Executive’s employment is terminated by the Company without Cause, or
the Executive terminates employment for Good Reason, before the Employment Term expires and during the CIC Severance
Protection Period, and the termination constitutes a Separation from Service, subject to the terms of the CIC Severance Plan, the
Executive will become entitled to severance compensation and benefits under the CIC Severance Plan as of (x) the date the Separation
from Service occurs, or (y) in the event of a Pre-CIC Termination, the date the Change in Control occurs, as of which date all rights to
severance benefits under this Agreement will cease.
(i) The CIC Severance Plan will not apply and the Executive will be entitled to severance compensation and benefits
under Section 9(b) of this Agreement if the Executive (x) as of his Separation from Service is not a Participant in, or (y) is
otherwise not entitled to severance compensation and benefits under, the CIC Severance Plan.
(ii) If the Executive is entitled to severance benefits under the CIC Severance Plan as a result of a Pre-CIC
Termination, any benefits payable before the Change in Control will be paid under this Agreement and any additional benefits
payable after the Change in Control will be paid under the CIC Severance Plan.
(iii) In no event may there be duplication of benefits under this Agreement and the CIC Severance Plan.
(iv) The terms “Change in Control” and “Pre-CIC Termination” are defined in the CIC Severance Plan.
(d) Termination by Death. If the Executive dies during the Employment Term, the Executive’s employment will
terminate and the Executive’s beneficiary or if none, the Executive’s estate, shall be entitled to receive from the Company, the
Executive’s accrued, but unpaid, Base Salary through the date of termination of employment and any vested benefits under any
Employee Plan in accordance with the terms of such Employee Plan and applicable law.
(e) Termination by Disability. If the Executive becomes Disabled prior to the expiration of the Employment Term,
the Executive’s employment will terminate, and provided that such termination constitutes a Separation from Service, the Executive
shall be entitled to:
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