Sprint - Nextel 2011 Annual Report Download - page 161

10. Confidential Information; Statements to Third Parties.
(a) During the Employment Term and on a permanent basis upon and following termination of the Executive’s
employment, the Executive acknowledges that:
(i) all information, whether or not reduced to writing (or in a form from which information can be obtained,
translated, or derived into reasonably usable form) or maintained in the mind or memory of the Executive and whether
compiled or created by the Company, any of its Subsidiaries or any affiliates of the Company or its Subsidiaries (collectively,
the “Company Group”), which derives independent economic value from not being readily known to or ascertainable by
proper means by others who can obtain economic value from the disclosure or use of such information, of a proprietary,
private, secret or confidential (including, without exception, inventions, products, processes, methods, techniques, formulas,
compositions, compounds, projects, developments, sales strategies, plans, research data, clinical data, financial data, personnel
data, computer programs, customer and supplier lists, trademarks, service marks, copyrights (whether registered or
unregistered), artwork, and contacts at or knowledge of customers or prospective customers) nature concerning the Company
Group’s business, business relationships or financial affairs (collectively, “Proprietary Information”) shall be the exclusive
property of the Company Group;
(ii) the Proprietary Information of the Company Group gained by the Executive during the Executive’s association
with the Company Group was or will be developed by and/or for the Company Group through substantial expenditure of time,
effort and money and constitutes valuable and unique property of the Company Group;
(iii) reasonable efforts have been put forth by the Company Group to maintain the secrecy of its Proprietary
Information;
(iv) such Proprietary Information is and will remain the sole property of the Company Group; and
(v) any retention or use by the Executive of Proprietary Information after the termination of the Executive’s services
for the Company Group will constitute a misappropriation of the Company Group’s Proprietary Information.
(b) The Executive further acknowledges and agrees that he will take all affirmative steps reasonably necessary or
required by the Company to protect the Proprietary Information from inappropriate disclosure during and after his employment with
the Company.
(c) The Executive further agrees that all files, letters, memoranda, reports, records, data, sketches, drawings,
laboratory notebooks, program listings, or other written, photographic, electronic, or other tangible material containing or constituting
Proprietary Information, whether created by the Executive or others, which shall come into his custody or possession, regardless of
medium, shall be and are the exclusive property of the Company to be
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