Sprint - Nextel 2013 Annual Report Download - page 242

respect, such court will have the right, power and authority to sever or modify any provision or provisions of such covenants as to the 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,
Hallock Employment Agreement Page 14 of 25