Sprint - Nextel 2011 Annual Report Download - page 164

(b) A “Competitor” is any entity doing business directly or indirectly (e.g., as an owner, investor, provider of capital
or otherwise) in the United States including any territory of the United States (the “Territory”) that provides products and/or services
that are the same or similar to the products and/or services that are currently being provided at the time of Executive’s termination or
that were provided by the Company Group during the two-year period prior to the Executive’s termination of employment with the
Company Group.
(c) The Executive acknowledges and agrees that due to the continually evolving nature of the Company Group’s
industry, the scope of its business and/or the identities of Competitors may change over time. The Executive further acknowledges and
agrees that the Company Group markets its products and services on a nationwide basis, encompassing the Territory and that the
restrictions imposed by this covenant, including the geographic scope, are reasonably necessary to protect the Company Group’s
legitimate interests.
(d) The Executive covenants and agrees that should a court at any time determine that any restriction or limitation in
this Section 11 is unreasonable or unenforceable, it will be deemed amended so as to provide the maximum protection to the Company
Group and be deemed reasonable and enforceable by the court.
12. Non-Solicitation. 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, the Executive hereby covenants and agrees that he shall not, directly or indirectly,
individually or on behalf of any other person or entity do or suffer any of the following:
(a) hire or employ or assist in hiring or employing any person who was at any time during the last 18 months of the
Executive’s employment an employee, representative or agent of any member of the Company Group or solicit, aid, induce or attempt
to solicit, aid, induce or persuade, directly or indirectly, any person who is an employee, representative, or agent of any member of the
Company Group to leave his employment with any member of the Company Group to accept employment with any other person or
entity;
(b) induce any person who is an employee, officer or agent of the Company Group, or any of its affiliated, related or
subsidiary entities to terminate such relationship;
(c) solicit any customer of the Company Group, or any person or entity whose business the Company Group had
solicited during the 180-day period prior to termination of the Executive’s employment for purposes of business which is competitive
to the Company Group within the Territory; or
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