Sprint - Nextel 2011 Annual Report Download - page 169

(c), the Company shall have no liability to pay any amount so attempted to be assigned, transferred or delegated.
20. Notices. All communications, including without limitation notices, consents, requests or approvals, required or permitted to be
given hereunder will be in writing and will be duly given when hand delivered or dispatched by electronic facsimile transmission (with receipt
thereof confirmed), or five business days after having been mailed by United States registered or certified mail, return receipt requested,
p
ostage prepaid, or three business days after having been sent by a nationally recognized overnight courier service such as Federal Express or
UPS, addressed to the Company (to the attention of the General Counsel of the Company) at its principal executive offices and to the
Executive at his principal residence, or to such other address as any party may have furnished to the other in writing and in accordance
herewith, except that notices of changes of address shall be effective only upon receipt.
21. Governing Law and Choice of Forum.
(a) This Agreement will be construed and enforced according to the laws of the State of Kansas, without giving effect
to the conflict of laws principles thereof.
(b) To the extent not otherwise provided for by Section 16 of this Agreement, the Executive and the Company
consent to the jurisdiction of all state and federal courts located in Overland Park, Johnson County, Kansas, as well as to the
jurisdiction of all courts of which an appeal may be taken from such courts, for the purpose of any suit, action, or other proceeding
arising out of, or in connection with, this Agreement or that otherwise arise out of the employment relationship. Each Party hereby
expressly waives any and all rights to bring any suit, action, or other proceeding in or before any court or tribunal other than the courts
described above and covenants that it shall not seek in any manner to resolve any dispute other than as set forth in this paragraph.
Further, the Executive and the Company hereby expressly waive any and all objections either may have to venue, including, without
limitation, the inconvenience of such forum, in any of such courts. In addition, each of the Parties consents to the service of process by
personal service or any manner in which notices may be delivered hereunder in accordance with this Agreement.
22. Validity/Severability. If any provision of this Agreement or the application of any provision is held invalid, unenforceable or
otherwise illegal, the remainder of this Agreement and the application of such provision will not be affected, and the provision so held to be
invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or
legal. To the extent any provisions held to be invalid, unenforceable or otherwise illegal cannot be reformed, such provisions are to be
stricken herefrom and the remainder of this Agreement will be binding on the parties and their successors and assigns as if such invalid or
illegal provisions were never included in this Agreement from the first instance.
23. Survival of Provisions. Notwithstanding any other provision of this Agreement, the parties’ respective rights and obligations
under Sections 10, 11, 12, 13, 14, 15, 16, 18, 22 and 26 will survive any termination or expiration of this Agreement or the termination of the
Executive’s employment.
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