Sprint - Nextel 2011 Annual Report Download - page 166

necessary or desirable in order to protect its rights and interests in any Development.
(d) The Executive further acknowledges and agrees that if the Company is unable, after reasonable effort, to secure
the Executive’s signature on any such papers, any executive officer of the Company shall be entitled to execute any such papers as the
Executive’s agent and attorney-in-fact, and the Executive hereby irrevocably designates and appoints each executive officer of the
Company as his agent and attorney-in-fact to execute any such papers on the Executive’s behalf, and to take any and all actions as the
Company may deem necessary or desirable in order to protect its rights and interests in any Development, under the conditions
described in this sentence.
14. Remedies. The Executive and the Company agree that the covenants contained in Sections 10, 11, 12 and 13 are reasonable
under the circumstances, and further agree that if in the opinion of any court of competent jurisdiction any such covenant is not reasonable in
any respect, such court will have the right, power and authority to sever or modify any provision or provisions of such covenants as to the
court will appear not reasonable and to enforce the remainder of the covenants as so amended. The Executive acknowledges and agrees that
the remedy at law available to the Company for breach of any of the Executive’s obligations under Sections 10, 11, 12 and 13 would be
inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly,
the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law, in
equity or under this Agreement, upon adequate proof of the Executive’s violation of any such provision of this Agreement, the Company will
be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity
of proof of actual damage. Without limiting the applicability of this Section 14 or in any way affecting the right of the Company to seek
equitable remedies hereunder, in the event that the Executive breaches any of the provisions of Sections 10, 11, 12 or 13 or engages in any
activity that would constitute a breach save for the Executive’s action being in a state where any of the provisions of Sections 10, 11, 12, 13
or this Section 14 is not enforceable as a matter of law, then the Company’s obligation to pay any remaining severance compensation and
benefits that has not already been paid to Executive pursuant to Section 9 shall be terminated and within ten days of notice of such
termination of payment, the Executive shall return all severance compensation and the value of such benefits, or profits derived or received
from such benefits.
15. Continued Availability and Cooperation.
(a) Following termination of the Executive’s employment, the Executive shall cooperate fully with the Company and
with the Company’s counsel in connection with any present and future actual or threatened litigation, administrative proceeding or
investigation involving the Company that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the
period of the Executive’s employment by the Company. Cooperation will include, but is not limited to:
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