Sprint - Nextel 2013 Annual Report Download - page 239

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 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 separation from service
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,
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