Sprint - Nextel 2013 Annual Report Download - page 263

need to protect Employer and its legitimate and proprietary business interests and property from irreparable harm.
Executive acknowledges that failure to comply with the terms of this Agreement will cause irreparable damage to Employer.
Therefore, Executive agrees that, in addition to any other remedies at law or in equity available to Employer for Executive ’ s breach or
threatened breach of this Agreement, Employer is entitled to specific performance or injunctive relief, without bond, against Executive to
prevent such damage or breach, and the existence of any claim or cause of action Executive may have against Employer will not constitute a
defense thereto. Executive further agrees to pay reasonable attorney fees and costs of litigation incurred by Employer in any proceeding
relating to the enforcement of the Agreement or to any alleged breach thereof in which Employer shall prevail in whole or those reasonable
fees and costs attributable to the extent that Employer prevails in part.
In the event of a breach or a violation by Executive of any of the covenants and provisions of this Agreement, the running of the Non -
Compete Period (but not of Executive ’ s obligation thereunder), shall be tolled during the period of the continuance of any actual breach or
violation.
As a specific condition to Executive ’ s right to Special Compensation or other benefits described herein, Executive agrees that he will
not disclose or discuss: the existence of this Agreement; the Special Compensation provided hereunder; or any other terms of the Agreement
except: (1) to members of his immediate family; (2) to his financial advisor or attorney but then only to the extent necessary for them to assist
him; (3) to a potential employer on a strictly confidential basis and then only to the extent necessary for reasonable disclosure in the course of
serious negotiations; or (4) as required by law or to enforce legal rights.
This Agreement constitutes the entire understanding between the parties relating to Executive ’ s employment hereunder and supersedes
and cancels all prior written and oral understandings and agreements with respect to such matters, except for the terms and provisions of
employee benefit or other compensation plans (or any agreements or awards thereunder) referred to in or contemplated by this Agreement
and except for the SPRINT UNITED EMPLOYEE AGREEMENT REGARDING PROPERTY RIGHTS AND BUSINESS PRACTICES
which the Executive has signed and by which Executive continues to be bound.
Notwithstanding the foregoing, if Executive is a Participant (as that term is defined in Sprint ’ s Change in Control Severance Plan, as
may be amended from time to time, or any successor plan, program or arrangement thereto (the “ CIC Severance Plan ” )) in, and is entitled to
severance compensation and benefits under, the CIC Severance Plan, severance compensation and benefits payable under Section 5
(including by operation of Section 7 or Section 8) of this Agreement will be reduced dollar for dollar (but not below zero) by any severance
compensation and benefits payable to the Executive under the CIC Severance Plan, if any, it being the intent
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Schieber Special Compensation Agreement 12.19.2008
16.
Confidentiality of Agreement .
17.
Entire Understanding .