Sprint - Nextel 2013 Annual Report Download - page 243

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 dispute to binding arbitration, which shall be the exclusive forum for
resolving such claims. Such arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. ( “ JAMS ” ) pursuant to
its Employment Arbitration Rules and Procedures and governed by Kansas law. The arbitration shall be conducted by a single
arbitrator selected by the Parties according to the rules of JAMS. In the event that the Parties fail to agree on the selection of the
arbitrator within 30 days after either Party ’ s request for arbitration, the arbitrator will be chosen by JAMS. The arbitration proceeding
shall commence on a mutually agreeable date within 90 days after the request for arbitration, unless otherwise agreed by the Parties,
and in the location where the Executive worked during the six months immediately prior to the request for arbitration if that location is
in Kansas or Virginia, and if not, the location will be Kansas, unless the Parties agree otherwise.
(b) The Parties agree that each will bear their own costs and attorneys ’ fees. The arbitrator shall not have
authority to award attorneys ’ fees or costs to any Party.
(c) The arbitrator shall have no power or authority to make awards or orders granting relief that would not be
available to a Party in a court of law. The arbitrator ’ s award is limited by and must comply with this Agreement and applicable federal,
state, and local laws. The decision of the arbitrator shall be final and binding on the Parties.
(d) Notwithstanding the foregoing, no claim or controversy for injunctive or equitable relief contemplated by or
allowed under applicable law pursuant to Sections 10, 11, 12 and 13 of this Agreement will be subject to arbitration under this
Section 16, but will instead be subject to determination in a court of competent jurisdiction in Kansas, which court shall apply Kansas
law consistent with Section 21 of this Agreement, where either Party may seek injunctive or equitable relief.
17.
Other Agreements . The provisions of this Agreement supersede the provisions of the Prior Employment Agreement. No
agreements (other than the agreements evidencing any grants of equity awards) or representations, oral or otherwise, express or implied, with
respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. Each party to this
Agreement acknowledges that no representations, inducements, promises, or other agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, pertaining to the subject matter hereof, which are not embodied herein, and that no prior and/or
contemporaneous agreement, statement or promise pertaining to the subject matter hereof that is not contained in this Agreement shall be valid
or binding on either party.
Hallock Employment Agreement Page 15 of 25