Sprint - Nextel 2013 Annual Report Download - page 236

earlier of (1) the first day of the seventh month following the date of the Executive ’ s Separation from Service and (2) the
Executive ’ s death a lump - sum cash payment equal to the aggregate amount of any such payments that constitutes deferred
compensation within the meaning of Code Section 409A that the Executive would have been entitled to receive during such
period following the Executive ’ s Separation from Service; and
(ii) continue participation in the Company ’ s group health plans at then - existing participation and coverage
levels for 12 months (measured from the Executive ’ s Separation from Service), comparable to the terms in effect from time to
time for the Company ’ s senior executives, including any co - payment and premium payment requirements, and the Company
shall deduct from each payment payable to the Executive pursuant to Section 9(e)(i), the amount of any employee
contributions necessary to maintain such coverage for such period; except that following such period, the Executive shall retain
any rights to continue coverage under the Company ’ s group health plans under the benefits continuation 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 Section 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,
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