Sprint - Nextel 2011 Annual Report Download - page 227

If the Parties fail to agree on the selection of the arbitrator within thirty (30) days after either the Participant or such
Company’s request for arbitration, the arbitrator will be chosen by JAMS. The arbitration proceeding shall commence on a
mutually agreeable date within ninety (90) days after the request for arbitration, unless otherwise agreed by the Parties, and in
the location where the Participant worked during the six (6) months immediately prior to the request for arbitration to the
extent such location is Kansas or Virginia, and if not, the location will be Kansas, unless the Parties agree otherwise.
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(b) Such Company shall reimburse the Participant for legal fees and expenses incurred in connection with a dispute resolved unde
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this Section 6.08. The arbitrator shall not have authority to award attorneys’ fees or costs to either of the Parties in any manne
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not consistent with this Section 6.08(b).
(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 the terms of the Plan, including without limitation,
Section 6.02(d) and applicable federal, state, and local laws. The decision of the arbitrator shall be final and binding on the
Parties.
6.09 Continued Cooperation
(a) Following termination of the Participant’s employment, the Participant shall cooperate fully with the Corporation and with the
Corporation’s counsel in connection with any present and future actual or threatened litigation or administrative proceeding
involving any Company that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the
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eriod of the Participant’s employment by any Company. This cooperation by the Participant will include, but not be limite
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to:
(i) making himself reasonably available for interviews and discussions with the Corporation’s counsel as well as fo
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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 Corporation or the Corporation’s counsel reasonably requests;
(iii) refraining from impeding in any way the Corporation’s prosecution or defense of such litigation or administrative
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roceeding; an
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(iv) cooperating fully in the development and presentation of the Corporation’s prosecution or defense of such litigation o
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administrative proceeding.
(b) The Participant will be reimbursed by the Corporation 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 Section 6.09. The Participant shall not unreasonably withhold the Participant’s
availability for such cooperation, consultation and advice.