Sprint - Nextel 2015 Annual Report Download - page 350

(iii) refraining from impeding in any way the Company’s prosecution or defense of such litigation or
administrative proceeding; and
(iv) cooperating fully in the development and presentation of the Company’s prosecution or defense of
such litigation or administrative proceeding.
(b) The Company will reimburse the Executive for reasonable travel, lodging, telephone and similar
expenses, as well as reasonable attorneys’ fees (if independent legal counsel is necessary), incurred in connection with any
cooperation, consultation and advice rendered under this Agreement after the Executive’s termination of employment.
16. Dispute Resolution .
(a) In the event that the Parties are unable to resolve any controversy or claim arising out of or in
connection with this Agreement or breach thereof, either Party shall refer the dispute to binding arbitration, which shall be
the exclusive forum for resolving such claims. Such arbitration will be administered by Judicial Arbitration and Mediation
Services, Inc. (“JAMS”) pursuant to its Employment Arbitration Rules and Procedures and governed by Kansas law. The
arbitration shall be conducted by a single arbitrator selected by the Parties according to the rules of JAMS. In the event that
the Parties fail to agree on the selection of the arbitrator within 30 days after either Party’s request for arbitration, the
arbitrator will be chosen by JAMS. The arbitration proceeding shall commence on a mutually agreeable date within 90 days
after the request for arbitration, unless otherwise agreed by the Parties, and in the location where the Executive worked
during the six months immediately prior to the request for arbitration if that location is in Kansas or Virginia, and if not, the
location will be Kansas, unless the Parties agree otherwise.
(b) The Parties agree that each will bear their own costs and attorneys’ fees. The arbitrator shall not
have authority to award attorneys’ fees or costs to any Party.
(c) The arbitrator shall have no power or authority to make awards or orders granting relief that would
not be available to a Party in a court of law. The arbitrator’s award is limited by and must comply with this Agreement and
applicable federal, state, and local laws. The decision of the arbitrator shall be final and binding on the Parties.
(d) Notwithstanding the foregoing, no claim or controversy for injunctive or equitable relief
contemplated by or allowed under applicable law pursuant to Sections 10, 11, 12 and 13 of this Agreement will be subject to
arbitration under this Section 16, but will instead be subject to determination in a court of competent jurisdiction in Kansas,
which court shall apply Kansas law consistent with Section 21 of this Agreement, where either Party may seek injunctive or
equitable relief.
17. Other Agreements . No agreements (other than the agreements evidencing any grants of equity awards) or
representations, oral or otherwise, express or implied, with respect to