Sprint - Nextel 2013 Annual Report Download - page 259

(a) Voluntary Resignation by Executive . At any time, Executive has the right, by written notice to Employer, to terminate his services
hereunder ( “ Voluntary Resignation ” ), effective as of thirty (30) days after such notice.
(b)
Termination for Cause by Employer . At any time, Employer has the right to terminate Executive ’ s employment. Termination
upon the occurrence of any of the following shall be deemed termination for cause ( “ Termination for Cause ” ) :
( i) Conduct by the Executive which reflects adversely on the Executive ’ s honesty, trustworthiness or fitness as an
Executive, or
(ii) Executive ’ s willful engagement in conduct which is demonstrably and materially injurious to the Employer.
Termination for failure to meet performance expectations, unless willful, continuing and substantial, shall not be deemed a Termination
for Cause. For Termination for Cause, written notice of the termination of Executive ’ s employment by Employer shall be served upon
Executive and shall be effective as of the date of such service. Such notice given by Employer shall specify the act or acts of Executive
underlying such termination.
(c) Total Disability . Upon the total disability of the Executive, as that term is defined in the Long Term Disability Plan,
Executive shall have no right to compensation or severance pay described herein but shall be entitled to long term disability and other
such benefits afforded under the applicable policies and plans.
If at any time, except in connection with a termination pursuant to Section 5, 6, or 8 Executive is Constructively Discharged (as that
term is defined in this Section 7 and provided such termination constitutes a Separation from Service) then Executive shall have the right, by
written notice to Employer within sixty (60) days of such Constructive Discharge, to terminate his services hereunder, effective as of thirty (30)
days after such notice. Executive shall in such event be entitled to the compensation and benefits as if such employment were terminated
pursuant to Section 5 of this Agreement.
For purposes of this Agreement, the Executive shall be “ Constructively Discharged ” upon the occurrence of any one of the following
events:
(a) Executive is removed from his position with Employer other than as a result of Executive ’ s appointment to positions of
equal or superior scope and responsibility; or
(b) Executive ’ s targeted total compensation is reduced by more than 10% (other than across - the - board reductions similarly
affecting all officers of Sprint Corporation).
In the event that within one year of a Change in Control (as that term is defined in this Section 8) Executive ’ s employment is
terminated:
-5-
Schieber Special Compensation Agreement 12.19.2008
7.
Resignation Following Constructive Discharge .
8.
Effect of Change in Control .