Sprint - Nextel 2013 Annual Report Download - page 265

If to Employer:
Sprint Nextel Corporation
6200 Sprint Parkway
Overland Park, KS 66251
Attention: Corporate Secretary
or to such other address(es) or telecopy number(s) as any party may designate by Written Notice in the aforesaid manner.
This Agreement shall be governed by, and interpreted, construed and enforced in accordance with, the laws of the State of Kansas.
Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the
plural, and the pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine or neuter.
The headings of the Sections of this Agreement are for reference purposes only and do not define or limit, and shall not be used to
interpret or construe the contents of this Agreement.
26.
Compliance with Section 409A .
With respect to reimbursements or in - kind benefits provided under this Agreement: (a) Sprint will not provide for cash in lieu of a right
to reimbursement or in - kind benefits to which the Executive has a right under this Agreement, (b) any reimbursement of provision of in - kind
benefits made during the Executive ’ s lifetime (or such shorter period prescribed by a specific provision of this Agreement) shall be made not
later than December 31
st
of the year following the year in which the Executive incurs the expense, and (c) in no event will the amount of
expenses so reimbursed, or in - kind benefits provided, by Sprint in one year affect the amount of expenses eligible for reimbursement or in -
kind benefits to be provided, in any other taxable year. Each payment, reimbursement or in - kind benefit made pursuant to the provisions of
this Agreement shall be regarded as a separate payment and not one of a series of payments for purposes of Section 409A. It is intended that
any amounts payable under this Agreement and the Employer ’ s and Employee ’ s exercise of authority or discretion hereunder shall comply
with the provisions of Section 409A and the treasury regulations relating thereto so as not to subject Employee to the payment of the
additional tax, interest and any tax penalty which may be imposed under Section 409A. In furtherance of this interest, to the extent that any
provision hereof would result in Employee being subject to payment of the additional tax, interest and tax penalty under Section 409A, the
parties agree to amend this Agreement in order to bring this Agreement into compliance with Section 409A; and thereafter interpret its
provisions in a manner that complies with Section 409A. Reference to Section 409A is to Section 409A of the Internal Revenue Code of
1986, as amended, and will also include any proposed, temporary or
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Schieber Special Compensation Agreement 12.19.2008
23.
Governing Law .
24.
Gender .
25.
Headings.