Sprint - Nextel 2012 Annual Report Download - page 251

(g)
The Executive's obligations under this Section 10 are in addition to, and not in limitation of, all other
obligations of confidentiality under the Company's policies, general legal or equitable principles or statutes.
(h)
During the Employment Term and following his termination of employment:
(i) the Executive shall not, directly or indirectly, make or cause to be made any statements, including
but not limited to, comments in books or printed media, to any third parties criticizing or disparaging the Company
Group or commenting on the character or business reputation of the Company Group. Without the prior written
consent of the Board, unless otherwise required by law, the Executive shall not (A) publicly comment in a manner
adverse to the Company Group concerning the status, plans or prospects of the business of the Company Group or
(B) publicly comment in a manner adverse to the Company Group concerning the status, plans or prospects of any
existing, threatened or potential claims or litigation involving the Company Group;
(ii) the Company shall comply with its policies regarding public statements with respect to the
Executive and any such statements shall be deemed to be made by the Company only if made or authorized by a
member of the Board or a senior executive officer of the Company; and
(iii) nothing herein precludes honest and good faith reporting by the Executive to appropriate Company
or legal enforcement authorities.
(i) The Executive acknowledges and agrees that a violation of the foregoing provisions of this Section
10 would cause irreparable harm to the Company Group, and that the Company's remedy at law for any such violation would
be inadequate. In recognition of the foregoing, the Executive agrees that, in addition to any other relief afforded by law or this
Agreement, including damages sustained by a breach of this Agreement and any forfeitures under Section 9(g), and without
the necessity or proof of actual damages, the Company shall have the right to enforce this Agreement by specific remedies,
which shall include, among other things, temporary and permanent injunctions, it being the understanding of the undersigned
parties hereto that damages, the forfeitures described above and injunctions shall all be proper modes of relief and are not to
be considered as alternative remedies.
11. Non - Competition . In consideration of the Company entering into this Agreement, for a period commencing on the
Effective Date and ending on the expiration of the Restricted Period:
(a) The Executive covenants and agrees that the Executive will not, directly or indirectly, engage in any
activities on behalf of or have an interest in any Competitor of the Company Group, whether as an owner, investor, executive,
manager, employee, independent consultant, contractor, advisor, or otherwise. The Executive's ownership of less than one
percent (1%) of any class of stock in a publicly traded corporation shall not be a breach of this paragraph.
(b)
A “ Competitor ” is any entity doing business directly or indirectly (e.g., as an owner, investor,
provider of capital or otherwise) in the United States including any territory of the United States (the “ Territory ” ) that
provides products and/or services that are the same or