Sprint - Nextel 2011 Annual Report Download - page 162

used by him only in the performance of his duties for the Company. All such materials or copies thereof and all tangible things and
other property of the Company Group in the Executive’s custody or possession shall be delivered to the Company (to the extent the
Executive has not already returned) in good condition, on or before five business days subsequent to the earlier of: (i) a request by the
Company or (ii) the Executive’s termination of employment for any reason or Cause, including for nonrenewal of this Agreement,
Disability, termination by the Company or termination by the Executive. After such delivery, the Executive shall not retain any such
materials or portions or copies thereof or any such tangible things and other property and shall execute any statements or affirmations
of compliance under oath that the Company may require.
(d) The Executive further agrees that his obligation not to disclose or to use information and materials of the types set
forth in Sections 10(a), 10(b) and 10(c) above, and his obligation to return materials and tangible property, set forth in Section 10(c)
above, also extends to such types of information, materials and tangible property of customers of the Company Group, consultants for
the Company Group, suppliers to the Company Group, or other third parties who may have disclosed or entrusted the same to the
Company Group or to the Executive.
(e) The Executive further acknowledges and agrees that he will continue to keep in strict confidence, and will not,
directly or indirectly, at any time, disclose, furnish, disseminate, make available, use or suffer to be used in any manner any
Proprietary Information of the Company Group without limitation as to when or how the Executive may have acquired such
Proprietary Information and that he will not disclose any Proprietary Information to any person or entity other than appropriate
employees of the Company or use the same for any purposes (other than in the performance of his duties as an employee of the
Company) without written approval of the Board, either during or after his employment with the Company.
(f) Further the Executive acknowledges that his obligation of confidentiality will survive, regardless of any other
breach of this Agreement or any other agreement, by any party hereto, until and unless such Proprietary Information of the Company
Group has become, through no fault of the Executive, generally known to the public. In the event that the Executive is required by
law, regulation, or court order to disclose any of the Company Group’s Proprietary Information, the Executive will promptly notify the
Company prior to making any such disclosure to facilitate the Company seeking a protective order or other appropriate remedy from
the proper authority. The Executive further agrees to cooperate with the Company in seeking such order or other remedy and that, if
the Company is not successful in precluding the requesting legal body from requiring the disclosure of the Proprietary Information, the
Executive will furnish only that portion of the Proprietary Information that is legally required, and the Executive will exercise all legal
efforts to obtain reliable assurances that confidential treatment will be accorded to the Proprietary Information.
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