Sprint - Nextel 2012 Annual Report Download - page 254

court will appear not reasonable and to enforce the remainder of the covenants as so amended. The Executive acknowledges and
agrees that the remedy at law available to the Company for breach of any of the Executive's obligations under Sections 10, 11, 12
and 13 would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in
monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that
the Company may have at law, in equity or under this Agreement, upon adequate proof of the Executive's violation of any such
provision of this Agreement, the Company will be entitled to immediate injunctive relief and may obtain a temporary order restraining
any threatened or further breach, without the necessity of proof of actual damage. Without limiting the applicability of this Section 14
or in any way affecting the right of the Company to seek equitable remedies hereunder, in the event that the Executive breaches any of
the provisions of Sections 10, 11, 12 or 13 or engages in any activity that would constitute a breach save for the Executive's action
being in a state where any of the provisions of Sections 10, 11, 12, 13 or this Section 14 is not enforceable as a matter of law, then
the Company's obligation to pay any remaining severance compensation and benefits that has not already been paid to Executive
pursuant to Section 9 shall be terminated and within ten days of notice of such termination of payment, the Executive shall return all
severance compensation and the value of such benefits, or profits derived or received from such benefits.
15. Continued Availability and Cooperation.
(a) Following termination of the Executive's employment, the Executive shall cooperate fully with the
Company and with the Company's counsel in connection with any present and future actual or threatened litigation,
administrative proceeding or investigation involving the Company that relates to events, occurrences or conduct occurring (or
claimed to have occurred) during the period of the Executive's employment by the Company. Cooperation will include, but is
not limited to:
(i) making himself reasonably available for interviews and discussions with the Company's counsel as
well as for depositions and trial testimony;
(ii) if depositions or trial testimony are to occur, making himself reasonably available and cooperating
in the preparation therefore, as and to the extent that the Company or the Company's counsel reasonably requests;
(iii) refraining from impeding in any way the Company's prosecution or defense of such litigation or
administrative proceeding; and
(iv) cooperating fully in the development and presentation of the Company's prosecution or defense of
such litigation or administrative proceeding.
(b)
The Company will reimburse the Executive for reasonable travel, lodging, telephone and similar
expenses, as well as reasonable attorneys' fees (if independent legal counsel is necessary), incurred in connection with any
cooperation, consultation and advice rendered under this Agreement after the Executive's termination of employment.
16. Dispute Resolution .
(a) In the event that the Parties are unable to resolve any controversy or claim arising out of or in
connection with this Agreement or breach thereof, either Party shall refer the