instrument of termination of the employment agreement and other covenants this instrument of termination of the employment agreement and other covenants is entered into by and between : nextel telecomunicacoes ltda., a limited liability company with headquarters in the city of sao paulo, state of sao paulo, at rua bela cintra, nr. 1196, enrolled with the corporate taxpayer's registry ( “ cnpj / mf ” ) under nr. 66. 970. 229 / 0057 - 11, hereby represented in accordance with its articles of association, hereinafter referred to as “ nextel ”, and, on the other side, sergio borges chaia, brazilian, married, businessman, holder of id nr., enrolled with the individual taxpayer registry ( “ cpf / mf ” ) under nr., residing in the city of sao paulo, state of sao paulo, hereinafter referred to as “ employee ”, being nextel and employee hereinafter together referred to as “ parties ”, and individually as “ party ” ; and, furthermore, as intervening and consenting party, nextel telecomunicacoes s. a., a controlling quotaholder of nextel, with headquarters at alameda santos, nr. 2356, 7th floor, in the city of sao paulo, state of sao paulo, enrolled with cnp / mf under nr. 00. 169. 369 / 0001 - 22, hereinafter referred to as “ nextel s. a. ”. whereas : ( i ) on january 16th, 2007, the parties executed a fixed term private instrument of employment agreement and on an experimental basis ( “ employment agreement ” ), which, in accordance to its clause eight, sole paragraph, has become valid for undetermined term ; ( i ) ( i ) on january 16th, 2007, the parties executed a fixed term private instrument of employment agreement and on an experimental basis ( “ employment agreement ” ), which, in accordance to its clause eight, sole paragraph, has become valid for undetermined term ; on january 16th, 2007, the parties executed a fixed term private instrument of employment agreement and on an experimental basis ( “ employment agreement ” ), which, in accordance to its clause eight, sole paragraph, has become valid for undetermined term ; ( ii ) in addition to the employment agreement, it was signed by the parties a non - disclosure agreement