Sprint - Nextel 2011 Annual Report Download - page 221

Corporation intends to administer the Plan to prevent taxation under Code Section 409A, it does not represent or warrant that
the Plan complies with any provision of federal, state, local, or non-United States law. The Corporation, its subsidiaries, an
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their respective directors, officers, employees and advisers will not be liable to any Participant (or any other individual
claiming a benefit through the Participant) for any tax, interest, or penalties the Participant may owe as a result of participation
in the Plan. And neither the Corporation nor its subsidiaries or affiliates have any obligation to indemnify or otherwise protect
any Participant from any obligation to pay taxes under Code Section 409A.
Any right of the Participant to receive Severance Benefits hereunder shall be forfeited to the extent of any amounts payable or benefits
due after any breach of Section 6.09 by the Participant.
All expenses of a Participant incurred in enforcing the Participant’s rights and/or to recover the Participant’s benefits under this Article
Four, including but not limited to, attorneys’ fees, court costs, arbitration costs, and other expenses shall be paid by the Corporation.
The Corporation shall pay, or reimburse the Participant for such fees, costs and expenses, promptly upon presentment of appropriate
documentation, but only if, to the extent and at the earliest date(s) such payment or reimbursement does not violate Code Section
409A.
Anything in the Plan to the contrary notwithstanding, if it is determined (as hereafter provided) that any payment or distribution by o
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on behalf of a Company to or for the benefit of the Participant, whether paid or payable or distributed or distributable pursuant to the
terms of the Plan or otherwise pursuant to or by reason of any other agreement, policy, plan, program or arrangement, including
without limitation any stock option, stock appreciation right or similar right, or the lapse or termination of any restriction on or the
vesting or exercisability of any of the foregoing (a “Payment”), would be subject to the Excise Tax, but for the application of this
sentence, then the Payment shall be reduced to the minimum extent necessary (but in no event to less than zero) so that no portion o
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any such Payment, as so reduced, constitutes an “Excess Parachute Payment” within the meaning of Section 280G of the Code;
provided, however, that the foregoing reduction shall be made only if and to the extent that such reduction would result in an increase
in the aggregate Payment to be provided, determined on an after-tax basis (taking into account the Excise Tax imposed, any tax
imposed by any comparable provision of state law, and any applicable federal, state and local income taxes). The fact that the
Participant’s right to a Payment may be reduced by reason of the limitations contained in this Section 4.05 shall not of itself limit o
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otherwise affect any other rights of the Participant other than under the Plan. In the event that a Payment intended to be provide
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under the Plan is required to be reduced pursuant to this Section 4.05, the Corporation may effect such reduction in any manner it
deems appropriate.
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4.03 Forfeiture
4.04 Legal Fees
4.05 Applicable Provisions if Excise Tax Applies