Sprint - Nextel 2013 Annual Report Download - page 248

demand for performance is delivered by the Company that identifies the manner in which the Company believes the Executive
has not performed his duties, if, within 30 days of such demand, the Executive fails to cure any such failure capable of being
cured;
(iii) any intentional act or misconduct materially injurious to the Company or any Subsidiary, financial or
otherwise, or including, but not limited to, misappropriation, fraud including with respect to the Company ’ s accounting and
financial statements, embezzlement or conversion by the Executive of the Company ’ s or any of its Subsidiary ’ s property in
connection with the Executive ’ s duties or in the course of the Executive ’ s employment with the Company;
(iv) the conviction (or plea of no contest) of the Executive for any felony or the indictment of the Executive for
any felony including, but not limited to, any felony involving fraud, moral turpitude, embezzlement or theft in connection with
the Executive ’ s duties or in the course of the Executive ’ s employment with the Company;
(v) the commission of any intentional or knowing violation of any antifraud provision of the federal or state
securities laws;
(vi) the Board reasonably believes in its good faith judgment that the Executive has committed any of the acts
referred to in this Section 29(g)(v);
(vii) a final, non - appealable order in a proceeding before a court of competent jurisdiction or a final order in an
administrative proceeding finding that the Executive committed any willful misconduct or criminal activity (excluding minor
traffic violations or other minor offenses) which commission is materially inimical to the interests of the Company or any
Subsidiary, whether for his personal benefit or in connection with his duties for the Company or any Subsidiary;
(viii) current alcohol or prescription drug abuse affecting work performance;
(ix) current illegal use of drugs; or
(x) violation of the Company ’ s Code of Conduct, with written notice of termination by the Company for Cause
in each case provided under this Section 29(g).
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.
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