Sprint - Nextel 2011 Annual Report Download - page 253

SECTION 10
MISCELLANEOUS PROVISIONS
10.1 Expenses. Expenses of administering the Plan, including the fees and expenses of any trustee, will be borne by the
Employers.
10.2 Employment Rights. Establishment of this Plan shall not be construed to give any Participant or beneficiary the right
to be retained by the Employer or to any benefits not specifically provided by the Plan.
10.3 Severability. In the event that any provision of the Plan shall be held illegal or invalid for any reason, any illegality o
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invalidity shall not affect the remaining parts of the Plan. The Plan shall be construed and enforced, however, as if the illegal o
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invalid provision had never been inserted, and the Company shall have the privilege to correct and remedy such questions o
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illegality or invalidity by amendment as provided in the Plan.
10.4 Trust. The Employers shall make all distributions under this Plan. Alternatively, the Company may, on behalf of itsel
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and the other Employers, transfer assets to a trust established with an independent trustee to make distributions under the Plan.
The assets so held in such trust shall remain the general assets of the Company which at all times shall be subject to the rights
and claims of the Company's general creditors in accordance with the terms of the trust. The rights of Participants and thei
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beneficiaries under this Plan and any such trust shall be exclusively unsecured contractual rights. No Participant or beneficiary
shall have any right, title or interest whatsoever in the trust.
10.5 Applicable Law.
(a) This Plan, to the extent considered an unfunded deferred compensation plan for a select group of management
or highly compensated employees which is not an excess benefit plan, is fully exempt from Titles II, III and IV of ERISA.
However, this Plan, to the
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