Sprint - Nextel 2012 Annual Report Download - page 260

For purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed “ intentional ” if it was due
primarily to an error in judgment or negligence, but shall be deemed “ intentional ” only if done or omitted to be done by the Executive
not in good faith and without reasonable belief that the Executive's action or omission was in the best interest of the Company.
(h) “ Change in Control ” has the meaning set forth in the CIC Severance Plan.
(i) “ Chief Executive Officer ” has the meaning set forth in Section 3(a).
(j) “ CIC Severance Plan ” means the Company's Change in Control Severance Plan, as may be
amended from time to time, or any successor plan, program or arrangement thereto.
(k) “ CIC Severance Protection Period ” has the meaning set forth in the CIC Severance Plan.
(l) “ Certificate of Incorporation ” means the Amended and Restated Articles of Incorporation of Sprint
Nextel Corporation, as may be amended from time to time.
(m) “ Code ” means the Internal Revenue Code of 1986, as amended from time to time, including any
rules and regulations promulgated thereunder, along with Treasury and IRS Interpretations thereof. Reference to any section
or subsection of the Code includes reference to any comparable or succeeding provisions of any legislation that amends,
supplements or replaces such section or subsection.
(n)
“ Company ” has the meaning set forth in the preamble.
(o)
“ Company Group ” has the meaning set forth in Section 10(a)(i).
(p)
“ Compensation Committee ” means the Compensation Committee of the Board.
(q)
“ Competitor ” has the meaning set forth in Section 11(b).
(r) “ Developments ” has the meaning set forth in Section 13(a).
(s)
“ Disability ” or “ Disabled ” shall mean:
(i) the Executive's incapacity due to physical or mental illness to substantially perform his duties and the
essential functions of his position, with or without reasonable accommodation, on a full - time basis for six months as
determined by the Board in its reasonable discretion, and within 30 days after a notice of termination is thereafter
given by the Company, the Executive shall not have returned to the full - time performance of the Executive's duties;
and, further,
(ii) the Executive becomes eligible to receive benefits under the LTD Plan;
provided , however , if the Executive shall not agree with a determination to terminate his employment because of
Disability, the question of the Executive's disability shall be