Sprint - Nextel 2011 Annual Report Download - page 167

(i) making himself reasonably available for interviews and discussions with the Company’s counsel as well as for
depositions and trial testimony;
(ii) if depositions or trial testimony are to occur, making himself reasonably available and cooperating in the
preparation therefore, as and to the extent that the Company or the Company’s counsel reasonably requests;
(iii) refraining from impeding in any way the Company’s prosecution or defense of such litigation or administrative
proceeding; and
(iv) cooperating fully in the development and presentation of the Company’s prosecution or defense of such litigation
or administrative proceeding.
(b) The Company will reimburse the Executive for reasonable travel, lodging, telephone and similar expenses, as well
as reasonable attorneys’ fees (if independent legal counsel is necessary), incurred in connection with any cooperation, consultation and
advice rendered under this Agreement after the Executive’s termination of employment.
16. Dispute Resolution.
(a) In the event that the Parties are unable to resolve any controversy or claim arising out of or in connection with this
Agreement or breach thereof, either Party shall refer the dispute to binding arbitration, which shall be the exclusive forum for
resolving such claims. Such arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant
to its Employment Arbitration Rules and Procedures and governed by Kansas law. The arbitration shall be conducted by a single
arbitrator selected by the Parties according to the rules of JAMS. In the event that the Parties fail to agree on the selection of the
arbitrator within 30 days after either Party’s request for arbitration, the arbitrator will be chosen by JAMS. The arbitration proceeding
shall commence on a mutually agreeable date within 90 days after the request for arbitration, unless otherwise agreed by the Parties,
and in the location where the Executive worked during the six months immediately prior to the request for arbitration if that location is
in Kansas or Virginia, and if not, the location will be Kansas, unless the Parties agree otherwise.
(b) The Parties agree that each will bear their own costs and attorneys’ fees. The arbitrator shall not have authority to
award attorneys’ fees or costs to any Party.
(c) The arbitrator shall have no power or authority to make awards or orders granting relief that would not be
available to a Party in a court of law. The arbitrator’s award is limited by and must comply with this Agreement and applicable
federal, state, and local laws. The decision of the arbitrator shall be final and binding on the Parties.
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