Sprint - Nextel 2012 Annual Report Download - page 252

similar to the products and/or services that are currently being provided at the time of Executive's termination or that were
provided by the Company Group during the two - year period prior to the Executive's termination of employment with the
Company Group.
(c) The Executive acknowledges and agrees that due to the continually evolving nature of the
Company Group's industry, the scope of its business and/or the identities of Competitors may change over time. The
Executive further acknowledges and agrees that the Company Group markets its products and services on a nationwide
basis, encompassing the Territory and that the restrictions imposed by this covenant, including the geographic scope, are
reasonably necessary to protect the Company Group's legitimate interests.
(d)
The Executive covenants and agrees that should a court at any time determine that any restriction
or limitation in this Section 11 is unreasonable or unenforceable, it will be deemed amended so as to provide the maximum
protection to the Company Group and be deemed reasonable and enforceable by the court.
12. Non - Solicitation . 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, the Executive hereby covenants and agrees that he shall not,
directly or indirectly, individually or on behalf of any other person or entity do or suffer any of the following:
(a) hire or employ or assist in hiring or employing any person who was at any time during the last 18
months of the Executive's employment an employee, representative or agent of any member of the Company Group or solicit,
aid, induce or attempt to solicit, aid, induce or persuade, directly or indirectly, any person who is an employee,
representative, or agent of any member of the Company Group to leave his employment with any member of the Company
Group to accept employment with any other person or entity;
(b)
induce any person who is an employee, officer or agent of the Company Group, or any of its
affiliated, related or subsidiary entities to terminate such relationship;
(c) solicit any customer of the Company Group, or any person or entity whose business the Company
Group had solicited during the 180 - day period prior to termination of the Executive's employment for purposes of business
which is competitive to the Company Group within the Territory; or
(d)
solicit, aid, induce, persuade or attempt to solicit, aid, induce or persuade any person or entity to
take any action that would result in a Change in Control of the Company or to seek to control the Board in a material manner.
(e) For purposes of this Section 12, the term “ solicit or persuade ” includes, but is not limited to, (i)
initiating communications with an employee of the Company Group relating to possible employment, (ii) offering bonuses or
additional compensation to encourage an employee of the Company Group to terminate his employment, (iii) referring
employees of the Company Group to personnel or agents employed by competitors, suppliers or customers of the Company
Group, and (iv) initiating communications with any person or entity relating to a possible Change in Control.