Sprint - Nextel 2012 Annual Report Download - page 246

Employee Plan in accordance with the terms of such Employee Plan and applicable law and any other amounts to which the
Executive is entitled under the terms and conditions of the Company's other benefit plans and policies, and (2) conditioned
upon the Executive executing a Release within the Release Consideration Period and delivering it to the Company with the
Release Revocation Period expired without revocation and in full satisfaction of the Executive's rights and any benefits the
Executive might be entitled to under the Separation Plan and this Agreement and any requirements of the Worker Adjustment
and Retraining Notification Act or similar law, unless otherwise specified herein:
(i) periodic payments equal to his Base Salary in effect prior to the termination of his employment,
which payments shall be paid to the Executive in equal installments on the regular payroll dates under the Company's
payroll practices applicable to the Executive on the date of this Agreement for the Payment Period, except that (A) if
the Release Consideration and Revocation Period ends on or after December 15
th
of the calendar year of the
Executive's Separation from Service, such installments that are otherwise payable in the calendar year of the
Executive's Separation from Service shall be paid in a lump sum on the first business day of the following calendar
year, or (B) if the Executive is a Specified Employee, with respect to any amount payable by reason of the Separation
from Service that constitutes deferred compensation within the meaning of Code Section 409A, such installments shall
not commence until after the end of the six continuous month period following the date of the Executive's Separation
from Service, in which case, the Executive shall be paid a lump - sum cash payment equal to the aggregate amount of
missed installments during such period on the first day of the seventh month following the date of the Executive's
Separation from Service;
(ii) (A) receive a pro rata payment of the Bonus Award for the portion of the Company's current fiscal
year prior to the date of termination of his employment; (B) receive a pro rata payment of the Capped Bonus Award
for the portion of the Company's current fiscal year following the date of termination of his employment; (C) receive
for the next fiscal year following the fiscal year during which his termination of employment occurs, the Capped Bonus
Award, or if his Payment Period ends during such fiscal year, a pro rata portion of the Capped Bonus Award; and
(D) if his Payment Period ends in the second year following the fiscal year during which the Executive's termination of
employment occurs, receive payment of a pro rata portion of the Capped Bonus Award for such fiscal year;
provided, however , that to the extent the Executive's employment is terminated for Good Reason due to a reduction
of the Executive's Target Bonus, in accordance with Section 29(x)(ii), the Executive's Target Bonus for the purposes
of this Section 9(b)(ii) shall be the Executive's Target Bonus immediately prior to such reduction; provided , further ,
that any pro rata payment shall be determined based on the methodology for determining prorated awards under the
STIP, and each such payment shall be payable in accordance with the provisions of the STIP in the calendar year in
which the Bonus Award or each Capped Bonus Award, as applicable, is determined, and in all events, not later than
December 31
st
of the year in which each such award is determined;
(iii) continue for the Payment Period participation in the Company's group health plans at then - existing
participation and coverage levels comparable to the terms in effect from time to time for the Company's senior
executives, including any co - payment and premium payment requirements, for which the Company shall deduct from
each payment payable to the Executive pursuant to Section 9(b)(i), the amount of any employee