Sprint - Nextel 2011 Annual Report Download - page 163

(g) The Executive’s obligations under this Section 10 are in addition to, and not in limitation of, all other obligations
of confidentiality under the Company’s policies, general legal or equitable principles or statutes.
(h) During the Employment Term and following his termination of employment:
(i) the Executive shall not, directly or indirectly, make or cause to be made any statements, including but not limited
to, comments in books or printed media, to any third parties criticizing or disparaging the Company Group or commenting on
the character or business reputation of the Company Group. Without the prior written consent of the Board, unless otherwise
required by law, the Executive shall not (A) publicly comment in a manner adverse to the Company Group concerning the
status, plans or prospects of the business of the Company Group or (B) publicly comment in a manner adverse to the Company
Group concerning the status, plans or prospects of any existing, threatened or potential claims or litigation involving the
Company Group;
(ii) the Company shall comply with its policies regarding public statements with respect to the Executive and any
such statements shall be deemed to be made by the Company only if made or authorized by a member of the Board or a senior
executive officer of the Company; and
(iii) nothing herein precludes honest and good faith reporting by the Executive to appropriate Company or legal
enforcement authorities.
(i) The Executive acknowledges and agrees that a violation of the foregoing provisions of this Section 10 would
cause irreparable harm to the Company Group, and that the Company’s remedy at law for any such violation would be inadequate. In
recognition of the foregoing, the Executive agrees that, in addition to any other relief afforded by law or this Agreement, including
damages sustained by a breach of this Agreement and any forfeitures under Section 9(g), and without the necessity or proof of actual
damages, the Company shall have the right to enforce this Agreement by specific remedies, which shall include, among other things,
temporary and permanent injunctions, it being the understanding of the undersigned parties hereto that damages, the forfeitures
described above and injunctions shall all be proper modes of relief and are not to be considered as alternative remedies.
11. Non-Competition. In consideration of the Company entering into this Agreement, for a period commencing on the Effective
Date and ending on the expiration of the Restricted Period:
(a) The Executive covenants and agrees that the Executive will not, directly or indirectly, engage in any activities on
behalf of or have an interest in any Competitor of the Company Group, whether as an owner, investor, executive, manager, employee,
independent consultant, contractor, advisor, or otherwise. The Executive’s ownership of less than one percent (1%) of any class of
stock in a publicly traded corporation shall not be a breach of this paragraph.
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