Sprint - Nextel 2013 Annual Report Download - page 261

borne equally by the parties. The decision of the arbitrators shall be final and there shall be no appeal from any award rendered. Any award
rendered may be entered as a judgment in any court of competent jurisdiction. In any judicial enforcement proceeding, the losing party shall
reimburse the prevailing party for its reasonable costs and attorneys ’ fees for enforcing its rights under this Agreement, in addition to any
damages or other relief granted. This Section 9 does not apply to any action by Employer to enforce Sections 11 through 14 of this
Agreement and does not in any way restrict Employer ’ s rights under Section 15 herein.
In the event Employer shall fail to pay any amounts due to Executive under this Agreement as they come due, Employer agrees to pay
interest on such amounts at a rate of prime plus two percent (2%) per annum. Employer agrees that Executive and any successor shall be
entitled to recover all costs of successfully enforcing any provision of this Agreement, including reasonable attorney fees and costs of litigation.
Executive acknowledges that during the course of his employment he has learned or will learn or develop Confidential Information (as
that term is defined in this Section 11). Executive further acknowledges that unauthorized disclosure or use of such Confidential Information,
other than in discharge of Executive ’ s duties, will cause Employer irreparable harm.
For purposes of this Section, Confidential Information means trade secrets (such as technical and non - technical data, a formula,
pattern, compilation, program, device, method, technique, drawing, process) and other proprietary information concerning the products,
processes or services of Employer or its parent, and/or affiliates, including but not limited to: computer programs; unpatented inventions,
discoveries or improvements; marketing, manufacturing, or organizational research and development; business plans; sales forecasts;
personnel information, including the identity of other employees of Employer, their responsibilities, competence, abilities, and compensation;
pricing and financial information; current and prospective customer lists and information on customers or their employees; information
concerning planned or pending acquisitions or divestitures; and information concerning purchases of major equipment or property, which
information: (a) has not been made generally available to the public; and (b) is useful or of value to the current or anticipated business, or
research or development activities of Employer or of any customer or supplier of Employer, or (c) has been identified to Executive as
confidential by Employer, either orally or in writing.
Except in the course of his employment and in the pursuit of the business of Employer or any of its subsidiaries or affiliates, Executive
shall not, during the course of his employment, or for a period of eighteen (18) months following termination of his employment for any reason,
directly or indirectly, disclose, publish, communicate or use on his behalf or another ’ s behalf, any proprietary information or data of Employer
or any of its subsidiaries or affiliates.
Executive acknowledges that Employer operates and competes nationally, and that Employer will be harmed by unauthorized
disclosure or use of Confidential Information
-7-
Schieber Special Compensation Agreement 12.19.2008
10.
Enforcement .
11.
Confidential Information .