Sprint - Nextel 2013 Annual Report Download - page 251

(ff) “ Party ” has the meaning set forth in the preamble.
(gg) “ Payment Period ” means the period of 18 continuous months, as measured from the Executive ’ s Separation
from Service.
(hh) “ Place of Performance ” has the meaning set forth in Section 8.
(ii) “ Prior Employment Agreement ” has the meaning set forth in the recitals.
(jj) “ Proprietary Information ” has the meaning set forth in Section 10(a)(i).
(kk)
“ Release ” means a release of claims in a form provided to the Executive by the Company in connection with
the payment of benefits under this Agreement.
(ll) “ Release Consideration Period ” means the period of time pursuant to the terms of the Release afforded the
Executive to consider whether to sign it.
(mm) “ Release Revocation Period ” means the period pursuant to the terms of an executed Release in which it may
be revoked by the Executive.
(nn) “ Renewal Term ” has the meaning set forth in Section 2.
(oo)
“ Restricted Period ” means the 18 - month period following the Executive ’ s date of termination of employment
with the Company for any reason or Cause, including for nonrenewal of this Agreement, Disability, termination by the Company or
termination by the Executive.
(pp)
“ Separation from Service ” means “ separation from service ” from the Company and its subsidiaries as
described under Code Section 409A and the guidance and Treasury regulations issued thereunder. Separation from Service will occur
on the date on which the Executive ’ s level of services to the Company decreases to 21 percent or less of the average level of services
performed by the Executive over the immediately preceding 36 - month period (or if providing services for less than 36 months, such
lesser period) after taking into account any services that the Executive provided prior to such date or that the Company and the
Executive reasonably anticipate the Executive may provide (whether as an employee or as an independent contractor) after such date.
For purposes of the determination of whether the Executive has had a Separation from Service, the term “ Company ” shall mean the
Company and any affiliate with which the Company would be considered a single employer under Code Section 414(b) or 414(c),
provided that in applying Code Sections 1563(a)(1), (2), and (3) for purposes of determining a controlled group of corporations
under Code Section 414(b), the language “ at least 50 percent ” is used instead of “ at least 80 percent ” each place it appears in Code
Sections 1563(a)(1), (2) and (3), and in applying Treasury Regulation Section 1.414(c) - 2 for purposes of determining trades or
businesses (whether or not incorporated) that are under common control for purposes of Code Section 414(c), “ at
Hallock Employment Agreement Page 23 of 25