Sprint - Nextel 2012 Annual Report Download - page 249

provisions pursuant to Code Section 4980B by paying the applicable premiums of such plans.
(f) No Mitigation Obligation . No amounts paid under Section 9 will be reduced by any earnings that
the Executive may receive from any other source. The Executive's coverage under the Company's medical, dental, vision and
employee life insurance plans will terminate as of the date that the Executive is eligible for comparable benefits from a new
employer. The Executive shall notify the Company within 30 days after becoming eligible for coverage of any such benefits.
(g)
Forfeiture . Notwithstanding the foregoing, any right of the Executive to receive termination
payments and benefits hereunder shall be forfeited to the extent of any amounts payable after any breach of Sections 10, 11,
12, 13 or 15 by the Executive.
10. Confidential Information; Statements to Third Parties.
(a) During the Employment Term and on a permanent basis upon and following termination of the
Executive's employment, the Executive acknowledges that:
(i) all information, whether or not reduced to writing (or in a form from which information can be
obtained, translated, or derived into reasonably usable form) or maintained in the mind or memory of the Executive
and whether compiled or created by the Company, any of its Subsidiaries or any affiliates of the Company or its
Subsidiaries (collectively, the “ Company Group ” ), which derives independent economic value from not being readily
known to or ascertainable by proper means by others who can obtain economic value from the disclosure or use of
such information, of a proprietary, private, secret or confidential (including, without exception, inventions, products,
processes, methods, techniques, formulas, compositions, compounds, projects, developments, sales strategies, plans,
research data, clinical data, financial data, personnel data, computer programs, customer and supplier lists,
trademarks, service marks, copyrights (whether registered or unregistered), artwork, and contacts at or knowledge
of customers or prospective customers) nature concerning the Company Group's business, business relationships or
financial affairs (collectively, “ Proprietary Information ” ) shall be the exclusive property of the Company Group;
(ii) the Proprietary Information of the Company Group gained by the Executive during the Executive's
association with the Company Group was or will be developed by and/or for the Company Group through substantial
expenditure of time, effort and money and constitutes valuable and unique property of the Company Group;
(iii) reasonable efforts have been put forth by the Company Group to maintain the secrecy of its
Proprietary Information;
(iv) such Proprietary Information is and will remain the sole property of the Company Group; and
(v)
any retention or use by the Executive of Proprietary Information after the termination of the
Executive's services for the Company Group will constitute a misappropriation of the Company Group's Proprietary
Information.