“This agreement is made by and between the parties, (1) ster Amesqute, hereinafter refered fo as “HMPLOVEE,” and (2) the TEXAS GENERAL LAND OFFICE, hereinafter referred to asthe “GLO.” The parties mutually wish to compromise, resolve, and settle their bona fide differences of opinion and interpretation that exist conceming EMPLovex’s employment with the GLO. ‘This agreement is made with reference to the {allowing fac’, which the partes stipulate are true and correct: In July of 2015, the GLO announced a plan to reorganize of the ageney in order to create an organizational structure that more fully supports the egency’s needs and goals. The GLO informed ExpLovex on September 19, 2015 that « result of the reorganization, EMrLovEn’S position had been eliminated and EMPLOVEE’s ‘employment would be terminated, efTectve September 24,2018, ‘© The GLO has proposed certain terms and conditions to EMPLOYEE as set forth in ‘this Agreement under which EMPLOYEE would be permitted fo extend time on the payroll in exchange fora release of claims, ‘© EMPLOYEE hhas reviewed the GLO’s proposed terms and conditions and, after ‘consultation to EMPLOYEE'S satisfaction with such altomeys and advisors as EMPLOYEE. deems appropriate, voluntarily sccepts and agrees to all of the terms and conditions se forth inthis Agreement. In ight of these facts, and in consideration of their mutual promises and undertakings below, both parties egroe as follows 1 ADMINISTRATIVE CONSIDERATION, To give EMPLOVEE. time to seck other ‘employment and 10 avoid potential expense to the GLO of any administrative or judicial proceedings relating to EMPLOvEE's employment by, or separation from, the GLO, the GLO agrees, subject to Paragraph 4 ofthis Agreement, to grant EMPLovEE leave with pay bogianing September 11, 2015 through November 10, 2015 (“termination date”), subject to the same salary and benefits existing foe ‘EMPLOYEE on September 10, 2015,ADDITIONAL LEAVE. EMPLOYEE and the GLO agree that the termination date ‘hall be extended and EmrLover shall be permitted to remsein on the payroll past ‘the termination date solely to the extent necessary for EMPLOYEE to exhaust any acerued but unused compensatory, administrative, ines, andor wellnes leave, VACATION aND_CoMPENSATORY TiME. Following the termination date ‘EpLoverr shall receive a lamp sum payment for accrued but unused annual leave and any overtime die, in the manner provided for by law and less applicable eduetions and withholdings. EQsuINg EMrioymer, Notwithstanding Paragraphs 1-3 above, EMPLOYEE ‘understands and agrees that, should EMPLOYEE (a) begin employment with any State of Texas agency o¢ insttion of higher edueation prior to the termination date, or (6) retire from State of Texas employment prior to the termination date, that: A. EMPLoven’s employment with the GLO will end and EMPLOVEE’S termination ffom the GLO will be effective as of the date of retirement o transfer to other state employment; B. EMpLovee forfeits any right under Paragraph 1 to leave with pay beyond the date of retirement or transfer to ther sate employment; CC, Exrtover understands and agrees that any accrued but unused compensatory, administrative, and wellness leave remaining as of the date of EMPLOYEE'S retirement or transfer to other state employment isnot transferable or otherwise compensable by the GILO and will be forfeited, D. 16 om or before the termination date, EMPLOYEE begins employment with any Slate of Texas agency or institution of higher learning, or retizes from State of ‘Texas employment, EmeLover, will provide Director of the GLO Human Resources Division, Charlotte Miller, with written notice of the transfer or retirement as soon as that information is available REFERENCES. All equets for employment refeences related to EMPLOVEE and reecived by the GLO Human Resources Department wil be responded 10 in accordance with esablished policy. In response to employment verification equess that do not fll ner the Public Information Ac, Human Resources will ovide the period of employment, begining and ending job iles, and Empvovee’s final salary rate. In all oer case, the GLO will respond to ‘requests in cémpliance with the Public Information Act. FULL RVLEASK, In consideration ofthe benefits received under this agreement, [EMPLovir fly rleass and forever discharges all agencies and isteumentaitios ofthe State of Texas, including the GLO, its officials, officers, employees, agents, and legal representatives, from any and al lisbilty upon elms, demands, causes of aton, claims for sel, obligations, damages rights, and ll bility for legal orequitable relief of any kind arising out of or related to EMrLoyEn's employment with or separation from employment with the GLO. This is a full and comprehensive relief that includes, without limitation: (@) any claims arising under federal, sate, or local lavs prohibiting discrimination or retaliation in employment including, but not limited to, Title VI of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Ameticans with Disabilities Act, the Family and Medical Leave Act, the Texas Commission on Human Rights Act, and the Texas Whistleblower's Act; 0) claims for breach of any contact or agreement; (c) all claims under the tort laws ofthe State of Texas; snd (@) claims arising under any other state or local statute, As part ofthis release bfelains, BMeLovn gure tht: A. This release includes claims based on any acts or evens that occurred at any time before EMPLOYEE signed this Agreement, regardless of if the acts oF events were known lo EMPLOYEE at the time EMrLovne signed the Agreement. B. This release does not prevent EMPLOYEE ftom filing a charge of discrimination with the Equal Employment Opportunity Commission However, if any such charge is currently pending or is later filed by or on EmpLover’s bebalf, EMPLOYER agrees not to seek or accept any personal relief, ineiuding but not limited to any award of monetary damages or reinstatement of employment withthe GLO. (C. This release does not apply to any claims that EMPLOYEE may have under the following laws: (a) the Fair Labor Standards Act; (b) workers compensation claims under state law; and (c) unemployment compensation benefits under state la, . This release does not apply to any claim BMPLoveK may assert for breach of this Agreement. E, This Agreement constitutes an offer of additional benefits to EMPLOYEE, and contains a release of claims under the Age Discrimination in Employment Act and the Texas Human Rights Commission Act. EMPLOYEE may accept this offer at any time within 45 days of receipt of this Agreement by delivering the Agreement with no changes, signed by EMPLOYEE, to the GLO Human Resources Director. This offer of additional benefits will be automatically withdrawn if nat aocopted by EMPLOYEE within 45 days of receipt of this agreement, If EMPLOvEE accepts this offer, EMPLOvEE may revoke acceptance by delivering writen notice to the GLO Human Resources Director within 7 days of EMPLOYEE's acceptance. If EMPLOYEE revokes acceptance of this Agreement, the status of employmest shal be termination cfective September 24, 2015, not continued employment or resignation. Exwscrive Dare, This Agreement shall become effective and binding on the parties upon the expiration ofthe T-day revocation period described in Paragraph 6).10. a. 1. B. M4, ‘RELURNOF GLO Prorenry, EMPLOVEE wil nmodiately retum tothe GLO all GLO property including, but not limited to, confidential information, compatet files, passwords, lpiops, ID badges, key, and other state property. ‘Munmrs, he parties agree that nether the existence of nor the tems contained Within this Agreement shall be constued as an admission of liability or ‘wrongdoing by either EMPLOvEE or the GLO. INDEMNIEICATION. EMPLOYEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE GLO, TTS OFFICERS AND EMPLOYEES FROM AND. AGAINST ANY LIABILITY, COSTS, OR DAMAGES AS MAY BIC INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYEE'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S "EMPLOYMENT WITH, OR ‘SEPARATION OF EMPLOYMENT FROM, THE GLO. Consmpuxriatsry, The partes agree that the terms of this Agreement are ‘confidential. The parties, including their attomeys, agree thet they will not ‘voluntarily disclose the terms of this Agreement, except as may be required to prove the existence of this Agreement to process payments subject to this ‘Agreement or as otherwise required by law. (GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted by the laws of the Siate of Texas. Venue of any suit brought under this ‘Agreement shall be in court of competent jurisdiction in Travis County, Texas, ExpLover irrevocably waives any objection, including but not limited to any objections as to personal jurisdiction, venue, or forum non-conveniens, which EMPLovEE may now or later have to the bringing of any action or proceeding regarding this Agreement in a court of competent jurisdiction in Travis County, ‘Texas. NOTHING IN THIS AGREEMENT SHALL, BE: CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. SHVERAMILITY. If any provision contained in this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforcesbiltyof the remsining provisions shall not be affected. ENTIRE AGREEMENT AND MoDtstcatioN. This Agreement contains the entire understanding between the pares and cen only be amended by a writen document signed by both partes. EMPLOYEE agrees and acknowledges that EmpLovex: has not relied on any representations by the GLO other than those contained inthis Agreement, This Agreement is binding upon, and shal inure to the benefit of the parties themselves, as well as their respective representatives, suocessors, pemitted assigns, heirs and estates.15, ATTORNEY Regs, In a dispute to enforce the provisions of this Agreement, the provailing party will be enitled to actusl attorneys? fees an ens, in ation to any awaed for damages. 16. Nonices, Any notices required under this Agrecment shall be seat to the appropriate address noted helow and shall be considered given (1) when hand delivered or 2) when deposited in the United Slates mail, pastage paid, cetified, totum reecipt requested, or witen deposited with a common carrer, ovemight, signatuce required. Notice given in any other manner is effective only if and when received by the rary being noiied. Either perty may change its adress for asics by giving written notice to tke other party. GLO (or Hand Delivery) ‘Texas General Land Ortice 170U North Congress Ave, Rm. 730 Astin, TX 78701 ‘Attention: Human Resources Director GLO (for Postal Delivers) ‘Texas General Land Office P.O. Box 12873 ‘Austin, TX 78711-2873 ‘Ameation: Humaa Resources Director ‘TUL UNDERSIGNED AGREE TO, AND ACHP THE TERMS SET FORTH IN, THIS AGREEMENT, AND EXECUTE THIS AGREEMENT VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONTENTS, as GHNEAL Lan Omice Enrtover ¢ ; ae Flea? Ot Creat ‘Ane Ms, CeCe ser Acqua pae_Grrfts_ at Gls lisThe "nM "GLO, 101 201 3.01 ‘SEPARATION AGREEMENT Reneast oF CLims, parties to this Agreement are Sean Gallagher hereinafter referred to as "LOVE," and the TEXAS GENERAL LAND OFFICR, hereinafter referred to as the ADMINISTRATIVE CONSIDERATION. In order to afford EMPLOVER additonal time in whieh to seek other employment and to avoid potential expense to the GLO of any administrative or judicial proceedings as may be instituted by and between the parties hereto relating to EMPLovEx'S employment by, or separation from, the GLO, the GLO agrees, subject to the terms and conditions set forth in this ‘Agreement, fo grant EMPLOYEE leave with pay commencing November 4, 2014, with the same salary and benefits existing for EMPLOYEE. as of November 3, 2014, until close of business on January 2, 2018. In addition, the period of leave ‘with pay shall be extended to exhaust any accrued, but unused, compensatory, administative, and wellness leave EMPLOYEE may have earned (as shown in the ‘automated Uniform Statewide PayrolliPersonnel System snd the GLO ‘Timekeeper system). This Agreement, except its continuing obligations, which shall survive the expiration of this Agrecment, EMrLoven's leave with pay, and EMPLover’s employment with the GLO shall expice and terminate upon the ‘exhaustion ofthis period of leave with pay (ce tthe lose of businese on January 2, 2015) LENSUING EMPLOYMENT. Notwithstanding Section 1.0L above, EMPLOYEE ‘understands and agrees tht, should EMPLOYEE: trusiar to another state agency fom stale employment prior to the expiration of the period of leave with pay ‘ranted herein, eny remaining leave with pay shall be forfeited, and this “Agreement, except its continuing obligations, which shall survive the expiration ‘of this Agreement, and EMPLOYEE'S employment with the GLO, shall expire and terminate upon the effective date of EMPLOVE’S employment by such agency. VACATION AND COMPENSATORY TIME. Upon the expiration of EMPLOVEE’S ‘wanted leave with pay under Section 1.01, or forfeiture thereof under Section 2.01, EMPLOYEE shal receive 2 lump sum payment for acerved but unused vacation (aml) leave and overtime (ff any) in the manner provided for by law. Furthemmore, EMPLOVEE understands and agroes that any acerued but unused401 501 61 compensatory, administrative, and wellness leave (if any) remaining as of the effective date of EnrLover’s employment by another state ageney, is not transferable or otherwise compensable by the GLO and will be forfeited. Any forfeiture of unused leave with pay or other compensstory, administrative, and ‘wellness leave, if any, shall not operate to relieve EMPLOYEE from the obligations to flly comply with all tems and conditions set forth in this Agreement. PuRsonNEL ACTION FoR. Unless paragraph B of this section applies, the GLO shall prepare a Personnel Action Form (PAF), wth an effective date of the expiration of Phe leave wits ay provided for above (ie, at the close of business on January 2, 2015, plus the time period covered by any accrued, but unused, compensatory, administrative, and weliness leave), which is caleulated asthe date of exhaustion ofall leave as described herein. The separation PAF will be entered into the automated Uniform Statewide Payroll/Personnel System (USPS) as “resignation in lew of involuntary a Inthe event EatPLOVEE intends to transfer directly to another Texas state agency ‘on or prior to January 2, 2018, Director the GLO Human Resources Division, Grog Simpson, must receive written notice from EMPLOYEE of such transfer at least two (2) weeks prior to the start date at the new agency, so that Human Resources can coordinate the PAF with the other agency to avoid any negative impact to EMPLOVEs’s benefits. The separation PAF will have an effective date ofthe effective date ofthe transfer, and will be entered into USPS as a “transfer 19 different state agency.” REQERENCES, All requests for references received by GLO regarding EMPLOYEE shall be forwarded to the Human Resources Department. In accordance with established policy: In response to employment verification requests that do not fall under dhe Public Information Act (verbal or written), and with employee approval, THR will provide the following information regarding employees (current and forme): + period of employment; ‘+ beginning and ending job titles; and © curent or final salary rate, {nal other cases, the GLO will espond to requests in compliance with the Public Information Act. FULLRELEASE. In consideration ofthe promises undertaken herein and the valid ‘compensation paid by the GLO to Eattovee unde: Section 1.01, EMPLOYEE and EMPLover’s heirs, exeeutors, and assigns hereby agree to completely and fully [RELEASE, ABSOLVE, AND DISCHARGE all agencies and instramentalities of the State of Texas, including the GLO, its officers, employees, agents, and legal701 8o1 901 representatives, past, present, and future, ftom any and all liabilities, claims, demands, or causes’ of action, known of unknown, which have arisen out of Ewpvovre’s employment with, ot separation of employment from, the GLO ot cout of any other known transaction or occurrence between EMPLOYEE end the GLO or its officers or employees, to the fallest extent permitted by appliceble Jaw. Furthermore, EMPLOYEE agrees not to institute oF maintain any proceeding before the Texas Workforce Commission or any other agency, or bring a lawsuit of any kind whatsoever relating to EntrLovee’s employment with, or separation of employment ftom, the GLO, of telating to any other known transaction ot cccurrence between EMPLOYEE and the GLO ar its officers or employees, including any cause of action arising under any state or federal law. This section does not apply to unemployment benefits administered by the Texas Workforce Commission. The parties agree that the scope ofthis agreement is intended to be as broad as legally permissible. The partes also agree that this Full Release is intended to waive any and all claims of EMPLOYEE. EMPLOvEE Is advised to consult with an attorney prior to executing this Agreement. REINSTATEMENT. EMPLovER expressly waives any right as it may exist in ‘continued employment with the GLO and expressly waives reinstatement in any capacity with the GLO for at least one (1) year from the expiration of this Agreement, The GLO does not concede that any right to employment or reinstatement exists, RETURN OF GLO PRoreRTy, EMPLovEE will, upon execution of this Agreement, rctum all GLO property including, but not limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property MERITS. The GLO and EmrLover understand and agree that, by the execution of | ‘this Agreement, the GLO makes no representation concerning the merits of any ‘complaint that EMPLOYEE may have relating to employment with, or separation of employment from, the GLO or relating to any other known transaction or ‘occurrence betwoen EMPLOYEE and the GLO or any other agency of the State oF ‘Texas, or their officers and employees, and makes no admission that the GLO has incurred any liability of any kind or character whatsoever with respect 0 EMPLOYEE, This agreement does nat constitute, nor should it be construed as, an ‘admission of lability 10.01 INDEMNIFICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS ‘AGREEMENT SHALL BR BINDING UPON FMPLOVER. AND EMPLOVEE"S HEIRS, XECUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS ‘Tue GLO, 118 OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, ‘COSTS, OR DAMAGES AS MAY BE INCURRED BY THE GLO RESULTING FROM ANY ‘LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYEE'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOVEE?S [EMPLOYMENT WITT, OR SEPARATION OF EMPLOYMENT FROM, THE GLO.ALO 1201 B01 14901 1501 CONFIDENTIALITY AND FALSE LIGHT, It isthe intention of the parties hereto that the terms of this Agreement shall be confidential. The partes hereto, including ther atfomeys, hereto agree that they shall not voluntarily disclose the existence or terms of this Agreement, except as may be required to prove the existence of this Agreement to process payments hercunder ar as otherwise may be rogured by lew. FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT, The GLO shall hhave no further obligations with respect to this provision, and nothing in this provision is intended to ereate a claim or cause of action based on any alleged remarks by any GLO officer, employee, or agent. NON-CompLiaNce, Either party shall immediately advise the other party in ‘writing of any incidence of possible noncompliance with the provisions of this ‘Agreement, and shall provide the other party with a reasonable opportunity 10 address the possible noncompliance. After such reasonable opportunity, the GLO. {in its sole discretion) may determine that EMPLOYEE'S noncompliance shall result inthe forfeiture of any further compensation due under this Agreement, Govenwinc LAW AND Venu. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Agreement shall be in a court of competent jurisdiction ia ‘Travis County, Texas, EMPLOYEE inrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non-conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this ‘Agreement or uny document related hereto. NOTHING IN THIS AGRKEMENT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN INMUNITY BY THEGLO, SHVERABILITY. IF any provision contained in this Agresment is held to be ‘unenforceable by a court of law or equity, this Agreement shall be construed as if such provision did not exist, and the non-enforceabilty of such provision shall not bbe held to render any other provision or provisions of this Agreement inenforceable so long as such severablity does not deprive either party of the benefit ofits bargein [ENTIRE AGREE AND MODIFICATION. This Agreement constitutes the entire agreement of the parties and, as such, is infended as a complete and exclusive satement of the promises, representations, negotiation, discussions, and other fgreements that may have been made in connection ‘with the subject matter hereof, EMPLOYEE agrees and acknowledges that EMPLOYEE has not relied on any representations by the GLO other than those contained in the Agreement itself1601 Norices, Any notices required under this Agreement shall be deemed delivered ‘when deposited either in the United States mail, postage paid, eerified, retum receipt requested or with a common carer, ovemight, signature required, to the appropriate adress below: GLO (for Postal Delivery) ‘Texas General Land Office P.O, Box 12873 ‘Astin, TX 78711-2873 tention: Director, Human Resources GLO (for Hand detivers) Texas General Lani Office 1700 North Congress Avenue, Rn, 730 Austin, TX 78701 Attenion: Director, Human Resources Notice given in any other manner shall he deemed effective only if and when received by the party to be notiied. Fiber party may change its address for notioe bby watts notice tothe other party ashiecein provided, une PAGE FOLLOWS,SIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAIMS TIL UNDERSIGNED AGREE TO, AND ACCEPT IKE TERMS SET FORTHE INy THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL UNDERSTANDING OF 11S CONTENTS, EmpLoyer, he Tangy Yate, Chit Cle 7 ‘Deputy Land Commissioner Printed Name; A ao tlie Date of exeoution:_U Daeofexenion, //— 5/4 REMAINDER OF PAGE INTENTIONALLY LEET BLANK.‘SEPARATION AGREEMENT RELFASE OF CLaIms ‘The parties to this Agreement are William Grimes hereinafter refered to as "EmeLove,” and the TEXAS GENERAL LAND OFFICE, hereinafter referred to as the “GLO! L AbMINISTRATIVE CONSIDERATION. In order to afford EMPLOYEE addtional time in which to seck other employment ard to avoid potential expense tothe GLO of any administrative or judicial proceedings as may be instituted by and between the parties hereto relating t EMPLovex’s employment by, or seperation ftom, the GLO, the GLO agrees, subject to the terms and conditions set forth in this ‘Agreement, to grant EMPLOYEE leave with pay commencing December 9, 2014, with the same salary and benefits existing for EMPLOYEE. as of December 8, 2014, until close of business on February 2, 2015. This Agreement, except its Continuing obligations, which shall survive the expiration of this Agreement, EMPLove's leave with pay, end EmPLovir’s employment with the GLO shall expire end terminate upon the exhaustion of ths period of leave with pay (Le, at the close of business on February 2, 2015). Ensuinc_EMPLovatenr, Notwithstanding Section 1 above, EMrLoves: understands nd agrees thi, should EMPLOVEE transfer to another siate agency or tire from state employment prior to the expiration ofthe period of leave with pay ranted herein, any remaining leave with pay shall be forfeited, and this ‘Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, and EMPLovee’s employment with the GLO, shall expire and tecminate upon the effective date of EMPLOvER!S retirement or employment by such agency. VACATION AND COMPENSATORY TIME. Upon the expiration of DMPLOvEE’s ‘granted leave with pay under Section J, or forfeiture thereof under Seetion 2, [EMPLOYEE stall receive @ lump sum payment for acerued but unused vacation (ual) leave and overtime (if any) in the manner provided for ty law. Furthermore, EMPLOYEE understands and agrees that any accrued but unused compensitory, administrative, and wellness leave (if any) remaining as of the clfective date of EMPLOYEHK’S employment by snother state egeney or upon retirement, is not transferable or otberwise compensable by the GLO and will beforfeited, Any forfeiture of umused leave with pay or other compensatory, ‘administrative, and wellness leave, if any, shall not operate to relieve EMPLOYEE, from the obligations to fully comply with all terms and conditions set forth inthis Agreement, * Prnsowve, ACTION Form, ‘A. Unless paragraph B or C ofthis section apply the GLO shall prepare « Personnel Action Form (PAF), with an effective date as of the expiration of the leave with pay provided for above (ie, atthe close of business on February 2, 2015). The separation PAF will be ‘entered into the automated Unifom Statewide PayrollPersonnel System (USPS) as “still temination.” 3. In th overt EMPLOYEE intends oretite fom state employment on or prior to February 28, 2015, the Director of the GLO Homan Resoutees Division, Greg Simpson, or GLO Human Resources Specialist, Cavite Miller, must receive owen notice fom EMPLOYEE of sch riement atleast wo (2) weeks prio 0 the riement date. Bocas the Employees Retiement System (ERS) requires ‘hat aiements take pace on the lst day of x month, ifthe EMPLOYER chooses ‘1o retire on February 28, 2015, EMPLOYEE agrees and directs the GLO to utilize his ecru, unused compensatory, administrative, and wellness ave and then annua eave and overtime (ian) to cover the working days from Rebraary3y 2015 through February 28,2018, The spaaton PAF wil be entered into USPS as “reitement” The PAP's effive date will be the effective date ofthe retiremont. Fora Febroary 28,2015 retrmen, te separation effective date will be February 28, 2015; o, if EMmLover docs rot have enough acsred leave to cover the ime rom Febewary 3, 2015 through February 28, 2015 the separation effective date and time will be the dic the last day of applicable leave is exhmsted CC In the event EMPLOVEE intends to transfer directly to another Texas stute agency fon or prior to February 2, 2015, Director of the GLO Humen Resources Division, Greg Simpson, or GLO Human Resources Specialist, Cherlote Miller, ‘must receive Written notice from EMPLOYER of such transfer at lest two (2) ‘weeks prior to the start date at the new agency, so that Human Resources can coordinate the PAF with the other agency to avoid any negative impact 10 EwpLoves’s benefits, The separation PAP will have an effective date of the effective date of the transfer, and will be entered into USPS as a “transfer toa flerent state agency.” 5. REFERENCES. All requests for references received by GLO regarding EMPLOYER shall be forwarded to the Human Resourees Department. In accordance with established policy: In response to employment verification requests that do not fall under the Public Information Act (verbal or written), and with employee approval, LHR will provide the following information regarding employees (current and former)+ period of employment; beginning and ending job les; and ‘© current or final salary rate Inall other cases, the GLO will respond to requests in compliance with the Public Information Act. ‘FULL RELEASE, In consideration of the promises undertaken herein and the valid ‘compensation paid by the GLO to EMPLoyEE. under Section 1.01, EMPLOYER and EMPLover's heirs, exceutor, aid wssigns hereby auree to completely and fully RELEASE, ABSOLVE, AND DISCHARGE all agencies and instrumentalties of the State of Texas, including the GLO, its officers, employees, agents, and. legal representatives, past, present, and futur, from any and all liabilities, claims, demands, of causes of action, known or unicnown, which have arisen out of EnpLover’s employment with, or separation of employment from, the GLO or ‘oat of any other known transaction or occurrence between EMPLOYEE and the GLO or its officers or employees, to the fullest extent permitted by applicable law. Furthermore, EMPLOYER agrees 901 to institute or maintain any proceeding before the Texas Workforce Commission or any other agency, or bring a lawsuit of any kind whatsoever relating to EmpLovun's employment with, or separation of employment from, the GLO, or relating to any other Known transaction oF cecurrence between EMPLOYER and the GLO ot its officers or employees, including any cause of action arising under any state or federal law. This section ‘does not apply to unemployment benefits administered by the Texas Workforce ‘Commission. The partes agree thatthe scope of this agreement is intended to be 28 broad as legally permissible. The partis also agree that this Full Release is intended to waive any and all claims of EMPLOVEE. EMPLoynr is advised to ‘consult with an attorney prior to executing this Agreement. RUINSTATRMENT. EMPLOVEE expressly waives any right as it may exist in continued employment with the GLO and expressly waives reinstatement in sny capacity with the GLO for at least one (1) year from the expiration of this Agreement. The GLO does sot concede that any right to employment or reinstatement exists, RETRY or GLO Paorskry, EMrLove® will, upon execution of this Agreement, retum all GLO property including, but oot limited to, confidential information, computer files, password, laptops, ID badges, keys, and other state propery. ‘Muxts. The GLO and EaPLoyex understand and agree thet, by the execution of this Agreement, the GLO makes no representation conceming the merits of any complain that FPLOYEE may have relating to employment with, or separation of employment from, the GLO or relating to any other known transaetion ot occurrence between EMPLOYEE and the GLO or any other agency of the State of| ‘Texas, or their officers and employees, and makes no admission that the GLO has10. i 1, “4 incurred any lisbility of any kind or character whatsoever with respect to EMPLOYEE. This agreement does not constitute, nor should it be construed as, an admission of liability INDEMMIEICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS AGREEMENT SHALL BY BINDING UFON EMPLOYEE AND EMPLOYEE'S HEIRS, EXECUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS ‘THE GLO, 11S OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, ‘COSTS, OR DAMAGES AS MAY BE INCURRED BY TIE GLO RESULTING FROM ANY LLAWSUTT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOVEn'S HEIRS, EXECUTORS, AND ASSIGNS AKISING OUT OF EMLOYEE'S EMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, TH GLO. (CONFIDENTIALITY AND FALSE LIGHT, Ili the intention ofthe parties hereto that the terms of this Agreement shall be confidential. The parties hereto, including their atforeys, hereto agree that they shall not voluntarily disclose the existence or terms of this Agreement, except as may be required to prove the existence of {his Agreement to process payments hereunder or as otherwise may be required by law. FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE, NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT. The GLO shall ‘have no further obligations with respect to this provision, and nothing in this provision is intended to create a cluim or cause of action based on any alleged remarks by aay GLO officer, employee, or agent Nov-Commusance. Either party shall immediately advise the other party i writing of any incidence of possible noncompliance with the provisions of this Agreement, and shall provide the other party with a reasonable opportunity to address the possible noncompliance. After such reasonable opportunity, the GLO (in its sole discretion) may determine that EMPLOYEE'S noncompliance shall result inthe forfeiture of any further compensation due under this Agreement GovoRyIng Law AND VENUE. This Agreement and the rights and obligations of the partes hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit ‘brought under tis’ Agreement shall be in a court of competent jurisdiction in Travis County, Texas. EMPLOYEE imevocably waives any objection, including any objection to personal jurisdiction or the laying af venve ar based oa the grounds of forum non-conveniens, which it may now or hereafier have to the Iringing of any action or proceeding in such jeristition in respect of this Agreement or any document related hereto. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNTTY BY THE GLO. SEVERABILITY. If any provision contained in this Agreement is held 10 be unenforceable by a court of Inw or equity, this Agreement shall be construed as if such provision did not exist, and the non-enforeeability of such provision shall not be held to render any other provision or provisions of this Agreement15. unenforceable so long as such severabilty does not deprive either party of the ‘benefit ofits bargain, LEXTIRE AGremMer AND Movinicarioy. This Agreement constitutes the entre ‘agreement of the parlies ad, as such, is intended as a complete and exclusive satement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. EMPLOVEE. agrees and acknowledges that EMPLOYEE. has rot relied on any representations by the GLO other than those contained in the Agreement itself [NaricEs. Any notices required under this Agreement shall be deomea delivered ‘when deposited ether in the United States mail, postage paid, ceritied,retum receipt requested; or with a Coounon carir, overigh, signature required, t0 the appropriate adres below: ‘Texas General Land Office P.O. Box 12873 ‘Astin, TX 78711-2873 ‘Atteaton: Director, Humen Resources GLO (for Hand detivery ‘Texas General Land Oftice 1700 North Congress Avenue, Rn, 730 Austin, TX 78701 ‘tention: Director, Human Resources Empuovee ‘William Grimes Notice given in any other manner shall be Geomed effective only if and when received by the party tobe notitied, Either party may’ change is adress for notice bby written notice tothe other party as herein provided SIGNATURE PAGE FOLLOWS‘SIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAINS ‘THE UNDERSIGNED AGREE TO, AND ACCEPT THE TERMS SET FORTH IN, "THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONTENTS. ‘Toxag Grietat Lano Orvice prove The Lib Pini any Taine, Chit Cea Dept Land Commision veined Name: Alain D, Grr sees ae otexecaton_1 218 ky Dateofexsction, 4 Dembe 2-14 [REMAINDER OF PAGE INTENTIONALLY LRT BLANK‘SEPARATION AGREEMENT RELEASE OF CLAMS, This agreement is made by and between the partes, (1) Ezequiel Guillen, hereinafter referred to os “EMPLovex,” and (2) the TEXAS Great LAND OFFICE, hereinafter referred to as the “GLO.” The parties mutually wish to compromise, ve, and settle ‘their bona fide differences of opinion and interpretation that exist conceming EMPLOYEE'S employment with the GLO, This agreement is made with reference tothe fllovving facts, which the parties stipulate are true and correct: In July of 2015, the GLO announced a plan to eorganize ofthe ageney in order to create an organizational structure that more fully supports the agency's needs and goals. ‘The GLO informed EMrnovEe on September 10, 2015 that as a result of the reorganization, EmpLovex’s position had been eliminsted and EMPLOYEE'S employment would be terminated, effective September 24, 2018. ‘The GLO has proposed certain terms and conditions to EMPLOYEE as set fort in this Agreement under which EMPLOYEE would be permitted o extend time on the payroll in exchange for a release of claims. EMPLovns: has reviewed the GLO's proposed terms and conditions and, affer consultation to EMPLOYERS sntisfetion with such atfomeys and advisors as EMPLOYEE dooms appropriate, voluntarily accepts and agrees to all ofthe terms ‘and conditions set forth inthis Agreement, In light of these facts, and in consideration oftheir mutual promises and undertakings below, both partes agree as follows, 1 ADMINISTRATIVE CONSIDERATION. To give EMPLOYEE ime 10 seek other employment and to avoid potential expense to the GLO of eny administrative or judicial proceedings eating to EMeLovEe’s employment by, of separation from, the GLO, the GLO agrees, subject to Paragraph 4 of this Agreement, to grant EwPLovee leave with pay beginning September 11, 2015 through November 10, 2015 (“termination date”, subject to the same salary and benefits existing for EMLovre on September 10, 2015ADDITIONAL LEAVE. EMPLOYEE and the GLO agree that the termination date ‘Shall be extended and EMPLovice shall be permitted to remain on the payroll past, the termination date solely to the extent necessary for EMPLOYEE: to exhaust any acerued but unused compensatory, administrative, fitness, and/or wellness leave. VACATION AND COMPENSATORY TIME. Following the termination date [ExgpLover shall receive a lump sum payment for acceued but unused annual leave and any overtime dus, in the manner provided for by law and less applicable Dateofexcation,_{/ ely Date orexcatin,_tt tof [REMAINDER OF PAGE IVTENTIONALLY LEFT BLANK.SEPARATION AGREEMENT RELEASE OF CLAIMS “The partes to this Agreement are Mark Loeffler hereinafter referred to as "EMPLOYEE," and the TEXAS GENERAL LAND OFFIC, hereinafter referred to as the "GLO. 101 301 ADMINISTRATIVE CONSIDERATION. In order to afford EoqPLOYEE adlitonal time in which to seek othee employment and to avoid potential expense tothe GLO of ‘any administrative or judicial proceedings as may be instituted by and between the parties hereto relating to EMPLOYEE'S employment by, or separation from, the GLO, the GLO agrees, subject to the terms and conditions set forth in this Agreement, to grant EMPLOYKE leave with pay commencing November 25, 2014, with the same salary and benefits existing for EMPLovee. as of November 24, 2014, uni close of business on January 2, 2015. This Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, EMPLOYEE'S leave with pay, and EMPLOYEE'S employment with the GLO shall expire and terminate upon the exhaustion of tis period of leave with pay (Le, at the close of business on January 2, 2015). ENSUING EMPLOYMENT. Notwithstanding Seetion 1.01 above, EMpLovEe ‘understands and agrees that, should EMPLOYEE transfer to another state ageacy oc retire fom state employment prior to the expiration of the period of leave with pay ‘granted herein, any Temaining leave with pay shall be forfeited, and this ‘Agreement, except its continuing obligations, which shall survive the expiration of this Agrocment, and EMPLOYEES employment with the GLO, shal expire and terminate upon the effective date of EMPLOYER'S retirement or employment by such agency. YACATION AND CompunsaToxy Trams. Upon dhe expinaion of EMPLovEE’'s ranted leave with pay under Section 1.01, or foreture thereof under Seetion 2.01, EMPLOYEE shall eceive a lump sum payment for sccracd but unused vacation (annual) leave and overime (if any) in the manner provided for by law. Furthermore, EMPLOYEE understands and agrees that any accrued but unused compensatory, administaive, and wellness Jeave (if any) remaining as of the effective date of EMPLOYEE'S employment by another state agency or upon retirement is not uansferable or otherwise compensable by the GLO and will be foteited. Any forfeiture of unused leave with pay ot other compensatory,40 5.1 601 administrative, and wellness leave, if any, shall not operate to relieve EMPLOYEE, from the obligations o fully comply with all terms and conditions set forth inthis Agreement. Personen AcrioN FoR. ‘Unless paragraph B of this section applies, the GLO shall prepare a Personne! ‘Action Fort (PAB), with an effective date as of the expiration of the leave with pay provided for above (i.e, atthe close of business on January 2, 2013), which is calculated ag the date of exhaustion of all leave as described herein. The separation PAF will be entered into the automated Uniform Statewide Payroll/Personnel System (USPS) as “voluntary termination.” In the event EMPLOYEE: intends to transfer directly to another Texas state agency ‘8 or prior 9 January 2, 2015, Director of the GLO Human Resources Division, Greg Simpson, or GLO Human Resourees Specialist, Charlote Miller, must receive written notice from EMPLOYEE of such transfer atleast two (2) weeks prior (othe start date at the new agency, so that Human Resources ean coordinate the PAP with the other agency to avoid any negative impact to EMPLOYER'S benefits. The separation PAF will have an effective date ofthe effective date of the transfer, and will be entered into USPS as a “transfer to a different state agency” REKERENCES All requests for references reosived by GLO regarding EMPLOYEE shall be forwarded to the Human Resources Department. In acconlance with established policy: In response to employment verification requests that do not fall under the Public Information Act (verbal or weiten), and with employee approval [AR will provide the following information regarding employees (current and former) ‘+ period of employment; ‘© beginning and ending job titles; and current or final salary rate. nal other cases, the GLO will respond to requests in compliance with the Public Information Act. EULL-RELease In consideration ofthe promises undeaken hein and the valid ovnpaain pi by the GLO to EMPLOYEE ner Seton 101, EMPLOYEE and EMPLOVER's hele, exceutors, and assigns hereby gre to completa and ally RELEASE, ABSOLVE, AND DISCHARGE all agencies ad instumenalies of the State of Texas, including the GLO, is officers, employes, ages, and lez Fepresentaives, past, presen, and fre, from ay and all Ubi, clas, hamands, oc cases of ction, known of anknown, which have ansen out of Expvoves's employment with, or separation of employment frm the GLO or fot of any oer known insaction or occurence Between EMMLOVEE and te701 GLO oF its officers or employees, to the fullest extent permitted by applicable tw. Furthermore, EMPLOYEE agrees not to institute or maintain any proceeding before the Texas Workforce Commission or any other agency, or bring a lawsuit of any kind whatsoever relating to EMPLOYER'S employment with, or separation ‘of employment from, the GLO, ot relating to any other known transaction or occurrence between EMPLOYEE: and the GLO ot its officers or employees, including any cause of action arising under any state or federal law. This section oes not apply to unemployment benefits administered by the Texas Workforce CComumission. The parties agree that the scope of this agreement is intended to be ‘as broad as legally permissible, The partes also agree that this Full Release is ‘intended fo waive any and all Claims of Eevee, EMrLovee. is advised to ‘consult with an attorney prior to executing this Agreement. RENraroMenr, Evpuoves expressly waives any sight as it may exist in Sune employment withthe GLO at expressly waives seinsatonet in any apociy withthe GLO for atleast one (1) yea fom the expiration ofthis AAprement. The GLO does aot concede that any ight to employment or Fsnernet exis [REMAINDER OF THIS PAGE INTENTIONALLY LET BLANK.801 901 1001 1101 01 1301 RETURN OF GLO PxopeRTy, EMPLOYEE will, upon execution of this ‘Agroomeat, return all GLO property including, but not limited t0, confidential information, computer files, passwords, laptops, ID badges, keys, and other state propery. (Mensts. The GLO and EMPLOYEE understand and agre that, by the execution of this Agreement, the GLO makes no representation concerning the merits of any complaint that EMPLOYEE may have relating (o employment with, ox separation of employment from, the GLO or relating to any other known transaction ot fccutrence between EMPLOvix: and the GLO or any other agency ofthe State of ‘Texas, or thei officers and employees, and makes no admission thatthe GLO has incurred any liability of any kind or character whatsoever with respect 0 EMPLOYEE. This agreement does not constitute, nor should it be construed as, an admission of lability INDEMNIFICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT Tins 'AGREEMENT SHALL. BE BINDING UPON EMPLOYEE AND EMPLOvEN'S HEIRS, [EXECUTORS AND ASSIGNS, AND AGREES TO INDEMNU'Y AND HOLD HARMLESS {THE GLO, 11S OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, COSTS, OR DAMAGES AS MAY BK INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, O OTHER ACTION BY EMPLOYEE OR EMPLOYEE'S IEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEES [EMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, THE GLO. (CONFIDENTIALITY AND FALSELIGHT, Itis the intention ofthe parties hereto that the terms of this Agreement shall be confidential. The paties hereto, including their atomeys, herelo agree thar they shall not voluntarily disclose the existence or terms of this Agreement, except as may be required to prove the existence of this Agreement to process payments hereunder or as otherwise may be zequired by law, FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT. The GLO shell have no further obligations with respect to this provision, and nothing in this, provision is intended to create a claim or cause of action based on any alleged remazks by any GLO officer, employee, or agent Noy-Compuiance. Either party shall immediately advise the other party in ‘wnting of any incidence of possible noncompliance with the provisions of this ‘Agreement, and shall provide the other party with w reasonable opportunity to ‘address the possible noncompliance. After such reasonable opportunity, the GLO (in its sole discretion) may determine that EMPLOYEE'S noncompliance shall result in the forfeiture of any further compensation due under tis Agreemet GoveNNG LAW AND VENUE. This Agroement and the rights and obligations of the parties hereto shall be govemed by, and construed according to, the laws of the State of Texas, exclusive of confliets of law provisions. Venue of any suit brought under this Agreement shall be in a court of competent jurisdiction in1401 15.01 1601 ‘Travis County, Texas, EMPLOYEE imevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the: grounds of forum non-conveniens, which it may now or hereafter have to the bringing of any action or procesding in such jurisdiction in respect of this ‘Agreement or any documest elated: hereto. NOTHING IN THIS AGREEMENT SIALE.BE.CONSTNUED AS A WAIVER OF SOVERKIGN IMMUNITY BY THE GLO. SHVERABILITY. If any provision contained in this Agreement is held to be Umnenforceable by a court of law ar equity, this Agreement shall be construed as if such provision did not exis, and the non-eaforceability of such provision shall not be held to sexder eny other provision or provisions of this Agreement ‘unenforceable so long as such severability does not deprive either pary of the benoit ofits bargain [Ewrine AGRUESEENT AND MODIFICATION. This Agreement constitutes the entire agreement of the pariies and, 2¢ such, is intended as a complete and exclusive Siatement of the promises, representations, negotinlions, discussions, and other fgreements that may have been made in connection with the subject matter hereof, EMPLOYEE agrees and acknowledges that EMPLOYEE has not relied on any representations by the GLO other than those contained in the Agreement itself Nomices. Any notices required under this Agreement shall be deemed delivered ‘when deposited either in the United States mail, postage paid, extified, cum receipt requested; oF with a common cartct, ovemight, signature required, Co the appropriate adress below: LO (for Postal Delivery) ‘Texas General Land Office P.O. Box 12873 Astin, TX 78711-2873 ‘Adeation: Deputy Commissioner, Human Resourees GLO or Hand delivery Texas General Land Oltice 1700 Nowth Congress Avenue, Rm, 730 Austin, TX. 78701 ‘Atention: Deputy Commissioner, Human Resources ‘Exriove Mark Loeffer Notice given in any other manner shall be deemed effective only if an when received by the party to be notified, Either paty may change its acdress for notice bby waiten notice tothe other party herein provided.SIGNATURE Pace FOLLOWS‘SIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAIMS ‘TE UNDERSIGNED AGREE TO, AND ACCKPT THE TERMS SEF FORTH IN, THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL. ‘UNDERSTANDING OF ITS CONTENTS. ‘Texas LAND OFFICE ‘Lan C Laine, Chief Clerk’ Deputy Land Commissioner bucetseion[pfutliy REMAINDER OF PAGE INTENTIONALLY Lr BLANKSEPARATION AGREEMENT AND RELEAst: oF CLAIMS “This agreement is made by end between the partis, (1) Joey Lonatiw, hereinafter referred fo as “EMPLOYER,” and (2) the TEXAS GENERAL LAND OFFICE, hereinafter referred to a5 the “GLO.” The paries mutually wish to compromise, esolve, ané stile their bona fide differences of opinion and interpretation that exist coneeming EMLovee’s employment with the GLO. This agreement is made with reference tothe following faci, which the partes stipulate ate rue and correc ‘+The GLO informed EMPLovEr on July 28, 2015 thatthe GLO was terminating his employment, effective August 4, 2015. Following discussions with the GLO, EMPLovEe requested that the GLO permit, hits to resign from him employment. + The GLO has proposed certain terms and conditions to EMPLOVEE as st forth in this Agreement under which EMPLOvEe would be permitted to resign from his employment in liew of termination, ‘+ Emrtoves: has reviewed the GLO’s proposed terms and conditions and, after consultation to his satisfaction with such attomeys and advisors as he deems Appropriate, voluntarily accepts and agrees to all ofthe terms and conditions set forth in this Agreement. In light of these facts, and in consideration of their miutul promises and undertakings below, both parties agree as follows: L. VOLUNTARY RESIGNATION, Employer hereby tenders his voluntary and Frrevoeable resignation from employment with the GLO to be effective as of the close of business on September 28, 2015 (‘resignation de”), 2. ADMINISTRATIVE CONSIDERATION, To give EMPLOYEE time to seek other ‘employment and 9 avoid potential expense to the GLO of any administrative oF judicial proceedings relating to EmrLovee’s employment by, ot separation from, the GLO, the GLO agrees, subject to Paragraph 4 of this Agreement, to grant EMPLovee leave with pay beginning July 29, 2015 through September 28,2015, subjoct to the same salary and benefits existing for EMPLOYEE on July 28, 2015, ADDITIONAL LEAVE, EMPLOYEE and the GLO agree thatthe resignation date of ‘Shall be extended and EMPLOYEE shall be permitted to remain on the payroll solely to the extent necessary for EMPLOVEE.o exhaust any accrued but unused ‘compensatory, administrative, fitness, and/or wellness, leave VACATION AND _CoMeensarony Time. Following the resignation date Extrvover shall icecive lamp sum paymiont for acerucd but unwced annual leave and aay overtime due, in the manner provided for by law and less applicable deductions and withholdings. Ensue EMPLOYMENT, Notwithstanding Paragraphs 1-4 above, EMPLOYEE ‘understands and agrees that, should EMPLOYEE. (a) begin employment with any ‘State of Texas agency or institution of higher education prior to the resignation date, ot (b) retire from State of Texas employment prior to the resignation date, that: A. EMpLover’s employment with the GLO will end ang his resignation fom the GLO will be effective as of the date of retirement or tansier to other state employments B, EMPLove® understands and agrees that any accrued but unused compensatory, ‘administrative, and wellness leave remaining as of the date of EMPLOVEE’S retirement or transfer to other state employment is not transferable or otherwise compensable by the GILO and willbe forfeited. ©. If Eauovrn begins employment with any State of Texas agency or insttation of higher learning on or prior to the resignation date, EMPLOYEE will provide Director of the GLO Human Resources Division, Charlotte Miller, with written notice of the tansfer as soon as that information is available. ‘ReReRENCES, All requests for employment references related to EMPLOYEE and received by GLO Human Resources Department will be responded to in secondance ‘with established poliey. In response to employment verification requests that do not fll under the Pablic Information Act, Haman Resources will provide the period of employment, beginang and ending job utes, and Emtoves’s final salary rate, In all other cases, the GLO will respond to requests in compliance with the Public Information Act. HULL RELEASE, In consideration of the benefits received under this agreement, [EMPLOYEE fully releases and forever discharges all agencies and instrumentaliies of the Stale of Texas, including the GLO, its officials, officers, employees, agents, and legal representatives, from any and all lability upon elem, demands, causes of action, claims for relief, obligations, damages, rights, and all liability for legal or equitable relief of any kind arising out of or related to EMPLovEs's employmentwith or separation from employment with the GLO. This is a full. and comprehensive relief that includes, without limitation: (a) any claims arising under federal, state, of local laws prohibiting discrimination or retaliation in employment including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Texas Commission on Human Rights Act, and the Texas Whistieblower’s Act; (b) claims for breach of| ny contract or agreement; () all claims under the tort laws ofthe State of Texass tnd (@) claims arising under eny other state or local statute. As part of this release of claims, EMPL ov ageoos that |A. This release inchudes claims based on any acts or events that occurred at any time before EMPLOYEE signed this Agreement, regardless of if the acts oF events were known to EMPLOVRE a the time he signed the Agreement B, This release docs not prevent EMPLOYEE fiom filing a charge of discrimination with the Egual Employment Opportunity Commission. However, if any sueh charge is curently pending or is later filed by or on his behalf, EMPLOYEE agroes he will not seek or accept any personal relict, including but not limited to any award of monetary damages or reinstatement of employment withthe GLO. C. This release does not apply to any claims that EMPLOVBE may have under the following laws: (a) the Fair Labor Standards Act; (b) workers compensation claims under site la; and (e) unemployment compensation benefits under slate lew. . This releuse does not apply to any claim BxtPLOvEE may assert for breach of this Agreement. IE, This Agreement constitutes an offer of additional benefits to EMPLOYEE, and conttins a release of claims under the Age Diserimination in Employment Act and the Texas Human Rights Commission Act. EMPLOYEE may accept this offer at any time within 45 days of receipt of this Agreement by delivering the ‘Agreement with no changes, signed by EMPvover, to the GLO Human Resources Director. This offer of additional benefits will be automatically ‘withdravin if not accepted by EMPLOYEE within 45 days of receipt ofthis agreement. If EMPLOYEE accepts this offer, EMPLOYEE may revoke fecepiance by delivering wiles uotive to the OLO Muman Resonroes Ditector within 7 days of EMPLOYEE’s acceptance. If EMPLOYEE revokes ‘acceptance of this Agreement, the satus of employment shal] be termination effective August 4,015, not continued employment or resignation Ensecrive DATE, This Agreement shall become effective and binding on the partes upon the expiration of the 7-day revocation period described in Paragraph TE).n 15, RETURN OF GLO PROPERTY, EMPLOYEE will immediately retum tothe GLO all GLO property including, but not limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property. Menmrs. The parties agree that neither the existence of nor the terms contained within this Agreement shall be construed as an admission of liability or wrongdoing by either EMPLOYEE or the GLO. INDEMNIFICATION, EMPLOYEE AGREES TO INDEMNIFY AND HOLD HARMILRSS THE GLO, [TS OFFICERS AND EMPLOYEES FROM AND. AGAINST ANY LIABILITY, COSTS, OR DAMAGES AS MAY BE, INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYER'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S "EMPLOYMENT WITH, OR ‘SEPARATION OF EMPLOYMENT FROM, THE GLO. ConewenriaLsry, The parties agree that the tems of this Agreement are cont The partes, including their attorneys, agree that they will not voluntarily diselose the existouce or terms of this Agreement, except as may be required to prove the existence ofthis Agreement to process payments subject t0 this Agreement oras otherwise required by law. GOVERNING LAW AND VENUE, This Agreement will be governed and interpreted by the laws ofthe Sate of Texes, Venue of any suit brought under this Agreement shall be ina court of competent jurisdiction in Trevis County, Texas. EMPLOYEE, ‘nrevoeubly waives any objection, including but not limited to any objections esto personal jurisdiction, venue, or forum non-eonveniens, which he may now or later have to the bringing of any action or proceeding regarding this Agreement in x court of competent jurisdiction in Travis County, Texas. NOTHING IN THIS 'AGREEMBNT SHALL BE CONSTRUED AS & WAIVER OF SOVEREIGN IMMUNITY BY ‘THeGLO. SEVERABILITY. If any provision contained in this Agreement is held to be linenforeeable or invalid by a court of competent jurisdiction, the validity and enforceability ofthe remaining provisions shall not be affected, ENTIRE AGREEMENT AND MODIFICATION, This Agreement contains the entire Lndetstanding between the parties and oan only he amonded by a waitton document signed by both parties, EMPLOYEE agrees and acknowledges that EMPLovee has not relied on any representations by the GLO other than those ‘contained inthis Agreement. This Agreement is binding upon, and shall inure to the benefit ofthe partes themselves, as well as their respective representatives, sucoessors, permitted assigns, heirs and estates. ATTORNEY Fexs, In a dispute to enforce the provisions of this Agreement, the prevailing pany will be entitled to actusl attorneys" fees and costs, in addition to ‘any award for damages,Aay notices required under this Agreement shall be sent to the lppropriate address noted helow end shall be considered given (1) when band delivered or (2) when deposited in the United States mail, postage peid, certified, rewum receipt requested, of when deposited with a eammon carver, ovemight, signature required. Notice given in any other manner is effecve only if aad when rescived hy the paty being noified, Hither party may change its address for notice boy giving vniten notice to the other party. GLO dior Hand Delivery ‘Texas General Land Office 1700 North Congress Ave, Rm. 730 Astin, TX 18701 ‘Attention: Human Resouces Director Texas General Land Ofiee P.O. Box 12873 Asi TX.78711-2873 ‘Atention: Human Reimurces Director Emptovee Soy = ‘Ti UNDERSIGNED AGREF TO, AND ACCEPT THE THEMS SET FORTIE IN, IHS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH PULL var Ewriovee ‘Anne Iisel, Chief Clerc Tey Lodaley om Sef oa T/29)tsSEPARATION AGREEMENT AND RELEASE OF CLAIMS ‘The parties to this Agrecment are Christine Marens hereinafter referred to as "EMPLoves,” and the TEXAS GENERAL LAND OrFice, hereinafter referred to as the "GLO." 101 201 3.01 ADMINISTRATIVE CONSIDERATION, In order to afford EMPLOYEE ational time in which to seek other employment and to avoid potential expense to the GLO of any administrative of judicial proceedings as may be instituted by and between the parties hereto relating to EMPLOYER'S employment by, o separation from, the GLO, the GLO agrees, subject to the terms and conditions set forth in this ‘Agreement, to grant EMPLovix leave with pay commencing November 15, 2014, withthe same salary and henefits existing for EmrLover. as of November 14, 2014, untl close of business on January 2, 2018, ‘This Agreement, except its continuing obligations, which shall survive the expiation of this Agreement, EMPLOYEE'S leave with pay, and EMPLovEs"s employment with the GLO shall ‘expire and terminste upon the exhaustion of this period of leave with pay (Le. at ‘the close of business on January 2, 2015). Exsuig_EMPLoyMeNr, Notwithstanding Section 1.01 above, EMPLover understands and agrees that, should EMPLOYEE: transfer to another state agency or retire from state employment prior to the expiration of the period of leave with pay ‘granted herein, any remaining leave with pay shall be forfeited, and this ‘Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, and EMPLOYEE'S employment with the GLO, shell expire and terminate upon the effective date of EMPLOYERS retirement or employment by such agency. Vacation anp ComPensarory TIME. Upon the expiration of EmpLovic’s ‘granted leave with pay under Section 1.01, or forftiture thereof under Section 2.01, EmPLovee: shall receive a lump sum payment for acerued but unused vacation (anneal) leave and overtime (if any) in the manner provided for by law. Furthermore, EMPLOYER understands and agrees that any sccrued ut unused compensatory, adminisvative, and wellness leave (if any) remaining as of the effective date of EMPLOYEE'S employment by snother state agency or upon tetizement, is not transferable or otherwise compensable by the GLO and will be41 sou forfeited. Any forfeiure of unused leave with pay or other compensatory, ‘administrative, and wellness leave, if any, shall not operate to relieve EMPLOVEE fiom the obligations to fully comply with all terms and conditions set forth inthis Agreement. PERSONNEL ACTION Fors, Unless paragraphs B ot C of this section aply, the GLO shall prepare Personnel Action Form (PAF), with an effective date as of the expiration ofthe leave with pay provided for above (Le, atthe close of business on January 2, 2015), which 1s caleulated as the dafe of exhaustion of all leave as described herein. The separation PAP will be entered into the automated Uniform Statewide PayroliPersonnel System (USPS) as “redetion-in:foree.” Inthe event EMPLOVEE: intends to retire from state employment on oF prior to January 2, 2015, the Director of the GLO Human Resources Division, Greg Simpson, or Charlotte Miller, GLO Human Resources Specialist, must receive written notice from EMPLovee: of such retirement atleast two (2) woeks prior to the retirement date. The separation PAP will be entered into USPS as “retirement.” The PAF's effective date will be the effective date of the retzement. For a January 2, 2015 retirement, the separation effective date will be January 2, 2018. - In the event EMPLOYEE intends to transfer directly to another Texas state agency (nor prior to January 2, 2015, Director of the GLO Human Resourees Di Greg Simpson, or Charlotte Miller, GLO Human Resources Specialist, must receive written notice from EMPLOYEE of such teansfer at least two (2) wooks rior to the start date at the new agency, so that Human Resources ean coordinate the PAF with the other agency to avoid any negative impact to EMPLOYEE’s ‘benefits, The separation PAF will have aa effective dato of the effective date of the transfer, and will be entered into USPS os a “transfer to a different siate agency. All requests for references received by GLO reganting EMPLOYEE. shall be forwarded to the Human Resources Department. In accordance with established policy: In response to employment vetifieation requests that do not fall under the Public Information Act (verbal or written), and with employee approval, LHR will provide the following information regarding employees (current and forme): ‘+ petiod of employments ‘+ beginning and ending jb tte; and ‘+ current o final salary rate. Inall other eases, the GLO will respond to requests in compliance withthe Public Information Act601 701 BULL Ruxzase. In consideration ofthe promises undertaken herein andthe valid ompensstion pad by the GLO to EMPLOVEE under Section 1.01, EMPLOYEE and [EMPLovie’s heirs, executors and assigns hereby agree to completely and flly RELEASE, ABSOLYE, AND DISCHARGE sll agencies and insiramentalties of the Sta of Texas, including the GLO, its officers, employees, agents, and legal representatives, pst, present, and future, fram any and all labile claims, demands, or causes’ of action, known or unknown, which heve arisen out of EM@Lovee’s employment with, oF separation of employment from, the GLO or out of any other knovn transaction or oecuzeace between EMPLOYER and the LO or its ofits or employees, to the fillet extent permited by applicable lw, Furthermore, EMPLOYEE agres not to institute or maintain aay proceeding before the Texas Workforce Commission or any other agency, o bring a lawsuit of any kind whaisoevr relating to EMPLOYEE'S employment wi, of separation of employment ftom, the GLO, or relating to any other known tansation ot vcurrence between EMPLOYEE and the GLO or its officers or employees, including eny cause of action arising under any state or federal law. This section does not apply fo unemployment benefits administered by the Texas Workforce ‘Commission. The parties agree thatthe seope ofthis wgreement is intended to be 45 broad as legally permissible. The paris also agree that this Full Release is intended to waive any and all clsims of EMPLOYEE. EMPLOYEE. is advised to consult with an atforney prior to executing this Agreement. REINSTATEMENT. EmpLovex expressly waives any right as it may exist in continued employment with the GLO and expressly waives reinstatement in any capacity with the GLO for at least one (1) year from the expiration of this ‘Agreement. The GLO does not concede that any right to employment or ‘reinstatement exists, [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK801 9.01 soot 11.01 12.01 1301 RETURN or GLO Puorgnry, EMPLOYEE will, upon execution of this ‘Agreement, retum all GLO property including, but not limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property ‘Monat. The GLO and EMPLovEr understand and agree that, by the execution of this Agreement, the GLO makes no represeatation concerning the merits of ty complaint that EMPLOYER may have relating to employment with or separation of employment from, the GLO or relating to any other known transaction or eecurrenee between EMPLovEr and the GLO or any other agency of the Sate of Texas, or ther officers and employees, and makes no admission that the GLO has incurred any liability of any kind or character whalsoever with respect 10 EMPLOYEE. This agreement does not constitute, nor should it be construed as, an ‘admission of liability. INDEMMIFICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT TIS AGREEMENT SHALL BE BINDING UPON EMPLOVEE AND EMPLOYER'S HEIRS, EXECUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS "TA GLO, 11S OFFICERS AND EMPLOYEES FROM AND AGAINSF ANY LABILITY, (COSTS, OR DAMAGES AS MAY BE INCURRED BY "itt GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYEE'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S EMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, THE GLO. Consipent1aLrry AnD FALSE LIGHT: Its the intention ofthe pats hereto that ihe terms ofthis Agreement shall be confidential. The patios hereto, including their atomeys, hereto agree hat they shal ot voluntarily disclose the existence or terms ofthis Agreement, except as may be required to prove the existence of this Agreement to process payments hereunder or as otherwise may be required by law, FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL. CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT, The GLO shall, Ive no further obligations with respect to this provision, and nothing in this provision is intended to create a claim or cause of action based on any alleged Femaris by any GLO officer, employee, or egent. Now-ComPL4aNce. Either party shall immediately advise the other perty in ‘writing of any incidence of possible noncompliance with the provisions of this ‘Agreement, and shall provide the other party with a reasonable opportunity to ‘adétess the possible noncompliance. Afier such reasonable opportunity, the GLO (Gn its sole discretion) may determine that EMpLovex's noncompliance shall result inthe forfeiture of any further compensation due under this Agreement, GovERNING LAW AND VENUE. This Agreement and the rights and obligations of the parties hereto shall be govemed by, and construed according to, the las of| the Slate of Texas, exclusive of conflicts of Jaw provisions. Venue of any suit14ot 1501 1601 ‘Travis County, Texas, EMRLoves irevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non-conveniens, which it may now or hereafler have 10 the bringing of any action or proceeding in such jurisdiction in respect of this Agreement or any document related hereto. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO, Sevrwamuity. If any provision contained in this Agreement is held to be “unenforceable by a court of law or equity, thie Agreement shall be construed se if sueh provision did not exis, and the non-inforceability of such provision shall not be eld to render my other provision or provisions of this Agreement unenforceable so long as suck severability does not deprive either party of the benefit ofits bargain ENTIRE AGREEMENT AND MoviiscastoN. This Agreament constitutes the entire ‘agreement of the parties and, as such, is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements thet may have been made in connection with the subject matter hereof. EMPLOVEE, agrees and acknowledges that BMLOVEE hss not relied on any representations by the GLO ther, than those contained in the Agreement itslé NOTICES. Any notices required under this Agreement shall be deemed delivered ‘when deposited either in the United States mail, postage paid, certified, rem receipt requested or with a common earor, averipht, signaniee requitad, tothe appropriate address below: GLO (for Posts Delivery ‘Texas General Land Office P.O. Box 12873 ‘Austin, TX 78711-2873, ‘Attention: Deputy Commissioner, Human Resources GLO for Hand detivery) Texas General Land Office {700 Nosth Congress Avesue, Ran, 730 Austia, TX 78701 ‘Adiension: Deputy Commissioner, Human Resources Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may changeit adress for notice by writen notice to the other party as herein provided‘SIGNATURE PAGE FoLLows‘SIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAIMS ‘THE UNDERSIGNED AGREE TO, AND ACCEPT THE TERMS SET FORTH IN, THIS AGREEMENT, AND EXECUTE SUCH AGRERMENT VOLUNTARILY AND WITH FULL [UNDERSTANDING OF TTS CONTENTS. s GpafcRAL LAND OFrice EwPLover aay L Laie, Chit lek Deputy Land Commissioner Printed Neme:_Checz tine Marens { ¢ Date of execution: zhy. Date of execution: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.SEPARATION AGREEMENT AND [RELEASE OF CLAIMS, ‘This agreement is made by and between the parties, (1) ESHER PRapo, hereinafter refered (o as “EMPLOYEE,” and (2) the TEXAS GENIAL LAND OFICE, hereinafter referred to as the “GLO.” The parties mutually wish to compromise, resolve, and settle their ona fide differences of opinion and interpretation that exist conceming EMPLOYER'S employment with the GLO. This agreement is made with reference to the following facts, which the putis stipulate are true and corect ‘The GLO informed EMPLovEx: on July 2, 2015 that ber employment with the GLO would be terminated, effective immediately, due to performance concer, Following discussions with the GLO, Emrrovee requested thatthe GLO permit her to resign from her employment, effective as of close of business on August 31, 2015, “The GLO has proposed certain terms and conditions to EMPLOYEE as set forth in this Agreement under which EMPLOYEE would be permitted to resign from her ‘employment ia Hew of termination. EMPLover has reviewed the GLO's proposed tems and conditions and, after consultation to her satisfaction with such atiomeys and advisors as she deems appropriate, voluntarily accepts and agrees to all of the term and conditions set ‘orth inthis Agreement, In light ofthese facts, and in consideration of their mutual promises and undertakings below, both parties agree a5 follows 1 VOLUNTARYRESIGNATION, Employee hereby tenders her voluntary and Irrevocable resignation from employment with the GLO to be effective 2s of the close of business on August 31, 2015, [ADMINISTRATIVE CONSIDERATION. To give EMPLOYEE time 10 seck other fmployment and to avoid potential expense fo the GLO of any administrative or judicial proceedings relating to EMPLOvE®’S employment by, or separation from, the GLO, the GLO agrees, subject fo Paragraph 4 ofthis Agreeinen, to grantEMPLovEE leave with pay boginning July 2, 2018 through August 31, 2015, subject to the same salary and benefits existing for EmrLovEs: on July 1, 2015. ‘VACATION AND ComPENSATORY Tmt, Upon the expntion of EMPLOvER's iyanted leave with pay under Paragraph 2, ot forfeiture thereof under Paragraph 4, EMPLOYEE shall receive a lump sum payment for accrued but unused annual leave and any overtime doe, in the manner provided for by law and Jess applicable deductions and withholdings. Exounia EMeLovMenr. Notwithstanding Paragraphs 1 and 2 sbove, [EMPLOYEE understands and agrees thst, should EMPLOYEE (a) begin employment with any State of Texas agency or institution of higher education prior to August 31, 2015, o& (2) retire fom Siste of Texas employment prior fo August 31,2015, thet: A. EMpLover’s employment with the GLO will end and her resignation from the GLO will be effective as of the date of retirement or transfer to other state employment; 1B. EMPLovEe forfeits any right under Paragraph 2 to leave with pay beyond the date of retirement or transfer to other state employment; and C. RMPLovee understands and apres that any accrucd but unused compensatory, ‘administrative, and wellness leave remaining as of the date of EMPLover’s retirement or trunsfer to other state employment isnot transferee or otherwise ‘compensable by tie GLO and wil bo forfeited. 1D. If Exvovee begins employment with any State of Texas agency or institution of higher leaning on or prior fo August 31, 2015, EMrLoves will provide Director of the GLO Human Resources Division, Charlotte Miller, ‘with written notice ofthe transfer at least two 2 weeks prior tothe start date of the new employment. [RUEERENCES, All requests for employment referenoss related to EMPLOYEE and received by GLO Human Resources Department will be responded to in ‘accordance with established policy. In response to employment verification requests that do not fall under the Public Information Act, HR will provide the period of employment, boginning and ending job titles, and ExrLovxs’s fnel Salary rate, In all other cases, the GLO will espond t0 requests in compliance ‘withthe Public Information Act. ‘HULL RELEASE. In consideration ofthe benefits received under this agreement, ‘EM@LovEE, fly releases and forever discharges all agencies and instrumentaltes ‘of th State of Texas, including the GLO, its officials, officers, employees, agents, ‘and legal representatives, from any and all ibility upon claims, demands, causes ‘of action, claims for relied, obligations, damages, rights, and all ability for legal or ‘equitable relief of any kind arising out of or related to EPLovae’s employment ‘with or separation fiom employment with the GLO. This is a full and ‘comprehensive relief that includes, without limitation: (a) any clsims arisingunit under federal, site, or local laws prokibiing disrimination or retaliation in employment inching, but not limited to, Te VII ofthe Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disables Act, te Family and Medicl Leave Act, the Texas Commission on iuman Rights Act, and the Texas Whislebiower's Act; () claims fr breach of| any contrast or agreement; (ll elaims under the fort laws ofthe State of Texas, ad (@) clams arising under ay otber stats orlcel statute, As prt ofthis release ofclaims, EMPLOYEE agrees that |A. This lease includes claims based on any acta or events that occured at any time before EMPLOYEE signed this Agresment, regardless of if the wots or ‘events were known to EMPLOYEE at the time she signed the Agreement. B, This relesse does aot prevent EmpLover om ling a charge of discrimination with the Equal Employment Opportunity Commission However, if any sich charge is curently pending or is later filed by or on her behalf, EMPLOYEE agrees she will not seek or accept any personal relict, including but not limited to any awerd of monetary damages or reinstatement of employment with the GLO. CC. This release does not apply to any csims that EMPLOVEE may believe she bas tnder the following lews: (8) the Fair Labor Standards Act, (b) workers compensation claims under state law; and (¢) unemployment compensation benefits under state law. 1D, This release docs not apply to any claim KePLoveR may assert for breach of this Agreement EE, This Agreement constitues an offer of additional benefits to EMPLOYER, and contains a release of claims under the Age Discrimination in Employment Act and the Texas Human Rights Commission Act. EMPLOYEE may accept this offer at any time within 21 days of receipt ofthis Agreement by delivering the ‘Aqreemeat with no changes, signed by EMeLovre, to the GLO Haman Resources Directo. This offer of additional benefits will be automatically ‘withdrawn ifnot accepted by EMPLOYEE within 21 days of her receipt of this agreement. If EMPLOYEE accepts this offer, she may revoke her acceptance by delivering wettea notice to the GLO Human Resources Director within 7 Gays of EMPLOVEE’s acceptance. If EMPLOYEE revokes her acceptance of {his Agreement, the status of her employment shall be temination, not continted employment or resignation, effective on her termination date of July 2,2015. Enpecrive Date. This Agreement shall become effective and binding on the ‘upon the expiration of tho-P-day revocation pesiod-deseribed-in Paragraph y? tle 9. ProreRry, EMPLOYER will, no later then 2 working days fier the execution of this agreement, retum to the GLO all GLO property10, nL. 13. 14 15. 16. including, but not limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property. ‘MERITS. Te parties agree that neither the existence of nor the terms contained ‘within this Apreement shall be construed as an admission of lisbiity ot ‘wrongdoing by either EPLoves or the GLO. Inpennaricarion. EMPLOYEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE GLO, ITS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIARILITY, COSTS, OR DAMAGES AS MAY BE INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYERS HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYER'S "EMPLOYMENT WITH, OR ‘SEPARATION OF EMPLOYMENT FROM, THE GLO. CONMDENTIALITY. “The parties agree that the terms of this Agreement are ‘confidential. The parties, including their attorneys, agree that they will not ‘voluntarily disclose the existenco of terms of this Agreement, except as may be required to prove the existence of this Agreement to process payments subject t0 this Agreement or as otherwise required by law. (Govenainc LAW AND VEU, This Agreement willbe govemed and intereted by te laws or the State of Texas, Venue of any sat brought ner this Agreement stall be in cout of competent justin in Travis Couny, Texas. EMPLOYEE Inrvocebly waives any objection including but not limited o any objections a © personal jurisdiction, venue, or forum not-eatvenien, which she may now or later have to the bringing of any ation or proceeding regarding this Agreement in 4 cout of competent jurisdiction in Travis County, Texas. NOTHING IN TINS 'AGRKEMENT ALL. RE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY tux GLO. SEVERABILITY, If any provision contained in this Agreement is held to be ‘unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected. Mopiicarion. This Agreement contains the entire understanding between the parties and can only be amended by a written ovuuneat sigued Uy Lull pastes, EMPLOYER agrecs and acknowledges that EMPLOYEE has not relied on any representations by the GLO other than those contained in this Agreement. This Agreement is binding upon, and shall inure to the benefit of the patios themselves, as well as their respective representatives, successors, permitted assign, heirs and estates. ATTORNEY Fess, In a dispute to enforce the provisions of this Agreement, the prevailing party will be entitled to actual attorneys" fees and costs, in ation to any award for damages.1" Nomices. Any notices required under this Agreoment shall be sent to the ‘appropriate address noted below and shall be considered given (1) when hand delivered or 2) when deposited in the United States mail, postage paid, certified, retum rocsipt roquestod, or when deposited with a common camer, ovemight, signature roquzed. Notice given in any other manner is effective only if and when received by the purty being notified. Either party may change its address for notice bby giving written notice tothe other pary. ‘GLO (for Hand Delivers) ‘Texas General Land Office 1704 North Congress Avenue, Km, 130 Austin, TX 78701 ‘Attention: Human Resouroes Director GLO (for Postal Delivers) ‘Texas General Land Office P.O. Box 12873 ‘Austin, TX 78711-2873 ‘Attention: Human Resouroes Director Empvover ‘Esther Prado PO Box 4013 ‘Cedar Park, TX 78630 ‘SIGNATURE PAGE FoLLowsSIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAIMS | ‘THE UNDERSIGNED AGREE TO, AND ACCEPT THE TERMS SET FORTH IN, THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONTENTS. ‘TxAs GENERAL LAND OvnIcE Ewpovee iL. ‘Anne Idsel, Chief Clerc Prado ue aes mPa 9, ors [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK‘SEPARATION AGREEMENT AND RELEASE OF CLAIMS. ‘This agreement is made by and between the parties, (1) Manc RAIeyY, hereinafter referred to a5 “EMPLOYEE,” and (2) the Texas GENERAL Lanp Orvicr, hereinafter refered to as the “GLO.” The parties mutually wish to compromise, resolve, and settle their bona fide differences of opinion and interpretation that exist conceming EMPLOYEE'S employment with the GLO. This agreement is made with reference to the following facts, which the partes stipulate are rue and correct: ‘+ The GLO informed EmpLover on September 10, 2018 thet the GLO was ‘terminating EMPLovEt'S employment, effective September 24, 2015, ‘+ Following discussions with the GLO, EMPLOVEE requested thatthe GLO permit EMPLOYEE to resign from employment ‘+The GLO has proposed certain terms and conditions to EMPLOVEE as st forth in this Agreement under Which EMPLOYEE would be permitted to resign ffom ‘employment in lieu of termination. ‘© EMPLovex as reviewed the GLO’s proposed terms and conditions and, after consultation to EMPLOYER'S satisfaction with such altomeys and advisors as, EMpLovex deems appropriate, voluntarily aocepts and agrees to all ofthe terms, and conditions sot forth in this Agreement In light of these facts, and in consideration of their mutual promises and undertakings below, both parties agree as follows: VOLUNTARY RESIGNATION, EMLOVER hereby fenders @ voluntary and irrevocable resignation from employment with the GLO to be effective as of the close of business on November 10, 2015 (“resignation date”). ADMINISTRATIVE CONSIDERATION, To give EMPLOYEE time to seek other employment and to avoid potential expense to the GLO of any administrative oF jiudcial proceedings relating to EmrLovicx's employment by, or separation from, the GLO, the GLO agrees, subject to Paragraph § of this Agreement, o grant ByrLovee leave with pay beginning September 11, 2015 through November10, 2015, subject to the same salary and benefits existing for EMPLOYEE on September 10, 2015, ADDITIONAL LEAVE. EMPLOYEE and the GLO agree that the resignation date shall be extended end EMPLOYEE shall be permitted to remain on the payroll past the resignation date solely to the extent necessary for EMPLOYEE to exhaust any acerued but unused compensatory, administrative, fitness, and/or wellness leave, VACATION AND COMPENSATORY TIME. Following the resignation date EnPLovee shal zoeive a mp sum payment for accrued but unused annual leave and any overtime due, in the manner provided for by law and less applicable deductions and withholdings. Exsuing EMPLoyMest. Notwithstanding Paragraphs 1-4 above, EMpLover understands and agrees that, should EMPLOYER. (a) begin employment with any State of Texas agency or institution of higher education prior to the resignation date, or (b) retire ftom State of Texas employment prior to the resignation date, tbat: A EpLover’s employment with the GLO will end and EwpLoves's resignation from the GLO will be effective 2s of the date of retirement or transfer to other sate employment; B. EwpLover forfeits any right under Paragraph 2 to leave with pay beyond the date ofretizoment or teansfr to ther state employment; CC. EMpLover understands and agrees that any accrued but unused compensatory, ‘ximinstrative, and wellness leave remaining as of the date of EMPLOVER’S retirement or transfer to other state employment isnot transferable or otherwise compensable by the GLO and will be forfeited; 1. If, on or before the resignation date, EMPLOYEE begins employment with any Slate of Texas agency or institution of higher learning, or retires from State of ‘Texas employment, EMPLOYEE will provide Director of the GLO Human Resourves Division, Charlotte Miller, with written notice of the transfer or retirement as soon as that information is available. [RerERENCES. All requests for employment references related to EMPLOYEE and received by the GIO Human Resoirees Department will he responded tein accordance with established policy. In response to employment verification requests that do not fll under the Public Information Act, Human Resources will provide the petiod of employmest, beginning and ending job titles, and EMPLOYEE'S final salary rate. In all other cases, the GLO will respond to requests in compliance with the Public Information Act. FULL RELEASE. In consideration of the benefits received under this agreement, [EMPLOYEE filly elesses and forever discharges all agencies and insteumentalities of the State of Texas, including the GLO, its officials, officers, employees, agents,and legal representatives, ftom any and all ability upon claims, demands, causes of ection, claims for ree, obligations, damages, rights, and all iability for legal or ‘equitable relief of any kind arising out of or related to EMPLovE’s employment with or separation from employment with the GLO. This is « fall and comprehensive relief that includes, without limitation: (a) any claims acising under federal, state, or local laws prohibiting discrimination or retaliation in employment including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Texas Commission on Human Rights Act, and the Texas Whistleblower's Act; (b) claims for breach of any contract or agreement; (all claims under the tort laws ofthe State of Texas; and (@ claims arising under any other state or local statue, As part of tis release of claims, EMPLOYEE agrees that: ‘A. This release includes claims based on any acts or events that occurred at any time before EMPLOYEE signed this Agreement, regardless of if the acts or events were known to EMPLOYEE at the time EMPLOYEE signed the Agreement, B, This release docs not prevent EMPLOYEE ftom filing a charge of discrimination with the Equal Employment Opportunity Commission, However, if any such charge is curently pending or is later filed by or on EMPLoven’s behalf, EMPLOYER agrees not to seek or accept aay personal relief, including but not limited to any award of monetary: damages or zwinstarement of employment with the GLO. C. This release does not apply to any claims that EMPLovEx may have under the following laws: (a) the Fair Labor Standards Act; (6) workers compensation claims under state law; and (c) unemployment compensation benefits under sate law. . This release does not apply fo any claim EMPLOVEE may assert for breach of this Agreement. , This Agreement consiutes an offer of additional benefits o EMPLOVEE, and contains release of claims under the Age Discrimination in Employment Act and the Texas Homan Rights Commission Act. EMPLOYEE may accept this offer at anytime within 45 days of receipt ofthis Agreement by delivering the ‘Agreement with no changes, signed by EMPLOvEE, 1 the GIO Human Resources Director. ‘This ofee of adcitional benefits wil be sutomatically withdrawn if not accepted by EMPLOYEE within 45 days of receipt af this agreement. If EMPLOVE accepts this offer, EMPLOYEE. may revoke acceptance by delivering writen notice to the GLO Human Resources Director within 7 days of EMPLOYER'S acceptance. 1 EMPLOYEE revokes accepance of this Agreemeat, the status of employment shall be termination effective September 24, 2015, not continued employment or resignation,10. 2 14 15. EErecrive Dare; This Agreement shall become effective and binding on the parties upon the expiration of the 7-day revocation period deseribed in Paragraph 16), RETURNOF GLO PRorERTY: EMPLOYEE wil immediately return othe GLO all GLO property including, but not limited to, confidential information, computer files, passwords, epiops, ID badges, keys and other state property ‘Mururrs. The parties agroe that neither the existence of nor the terms contained within this Agreement shall be construed as an admission of lability or ‘wrongdoing by either EMPLOYEE or the GLO. INDEMNIFICATION. EMPLOYEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE GLO, ITS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, COSTS, OR DAMAGES AS MAY BE. INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYEES HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF #MPEO" SEPARATION OF EMPLOYMENT FROM, THE GLO. ConrmenriALsry, The patios agree tht the ferns of this Agreement are confidential. The pate, including their atiomeys, agre that they will not voluntarily disclose the terms of this Agreement, exzept as may be required 10 pow the existence of this Agreement to process paymens subject t0 this ‘Agreement or sotervse required by la. GOVERNING LAW AND VienU. This Agrecment will be governed and interpreted by the laws of the State of Texas. Venue of any suit brought under this Agreement shall be in u court of competent jurisdiction in Trevis County, Texas. EMPLOYEE. irevocably waives any objection, including but not limited to any objections as to personal jurisdiction, venue, or forum non-conveniens, which EMPLOYEE may now or later have to the bringing of any action or proceeding regarding this Agreement in a cour of competent jurisdiction in Travis County, Texas. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. SevenaBiLiTy. If any provision contained in this Agreement is held to be tunenforceahle or invalid by a court of competent jurisdiction, tho validity and ‘enforceability ofthe remaining provisions stall not be affected. ENTIRE AGHEEMENT AND MODIFICATION. This Agreement contains the entire ‘understending between the parties and can only be amended by a waitten document signed by both parties. EMPLOYEE agrees and acknowledges that Enover has not relied on any representations by the GLO other than those ‘contained in this Agreement, This Agreement is binding upon, and shall inure to the benefit ofthe partes themselves, as well as their respective representatives, ssuecessors, permitted assigns, bers and estates. Emrurees16. 1. Tar Arronyny Fer Jn « cispute to enforce the provisions of this Agreement, the prevailing party will be entitled to actual attomeys’ fees and costs, in addition to any avd For damages Nomces. Any notices required under this Agreement shall be sent to the appropriate address noted below and shall be coasidered given (1) when band delivered or 2) when deposited in the Unites States mail, postage raid, cenified, rium receipt requested, or when deposited with a common carer, ovemight, signatwe required, Note given in any other manzer is effective anly if and wen received by the party being notified. Either party may change its addtess for notice by giving written notice tothe other party. GLO (or Hand Delivers ‘Texas Genoral Land Office 1700 North Congress Ave, Rm. 730 Austin, TX 78701 ‘Asiention: Hunan Resources Director GLO (for Postal Delivery ‘Texas General Land Office P.O. Rox 12873 Austin, TX 78781-2873 ‘Adention: Human Resources Director —_ AGRIAMENT, AND EXECUTE THIS AGREEMENT VOLUNTARILY AND WITH FULL [UNDERSTANDING OF ITS CONTENTS, ‘Texas GENERAL LAND OFFICE EMPLovet Anne lise, Chief CleskSHPARATION AGREEMENT AND RELEASE OF CLAIMS ‘This agreement is made by and between the partes, (1) JonGE RaMinez, heteinater refered to 85 “EMPLOYEE,” and (2) the TEXAS GENERAL LAND OFFICE, hereinafter referred to as the “GLO.” The parties mutually wish to compromise, resolve, and setle their bona ‘fide differences of opinion and interpretation that exist concerning EMPLOYEE'S employment with the GLO, This agreement is made with reference to the following facts, which the partes stipulate are rue and corect “The GLO informed EMPLOVEE on Suly 28, 2015 that the GLO was teeminating his employment, effective August 4, 2015 Following disevsions with the GLO, EMPLovEE requested thatthe GLO permit hima to resign from him employment. “The GL.O has proposed certain terms and conditions to BMPLOvEE as set forth in this Agreement under which EMPLOYEE would be permitted to resiga fom his| ‘employment in Kew of termination, EmrLover has reviewed the GLO's proposed terms and conditions and, ater ‘consultation to his satisfaction with such attomeys and advisors as he deems appropriate, voluntarily accepts and agrees to all of the terms and conditions set forth in this Agreement In ight of these fects, and in consideration of their mutual promises and undertakings below, both parties agree as follows: 1 VouUNTARVRESIGNATION, Employee herchy tenders his voluntary and Jrrevocable resignation fom employment with the GLO to be effeetive as of the close of business on September 28, 2015 (“resignation date”) ADMINISTRATIVE CONSIDERATION. To give BMPLOVEE time to seck other employment and (9 avoid potential expense to the GLO of any administrative or Judicial proceedings relating to EmPLovee’s employment by, or separation from, the GLO, the GLO agrees, subject to Paragraph 4 of this Agreement, to grant EMPLOYEE leave with pay beginning July 28, 2015 through September 28,2015, subject to the same salary and benefits existing for EMPLOYEE on July 28, 2018. ADDITIONAL LEAVE. EMPLOVEE and the GLO agree that the resignation date shall be extended and ExtPLOVEE shall be permitted 10 remain on the payroll past the resignation date solely to the extent necessary for EMPLOVEE to exluust any acerued but unused compensatory, administrative, fitness, andor wellness, leave. VACATION sND ComPENsAToRY Time; Following the resignation date TEawPLovRK shall receive a lump sum payment for soerued but unased annual leave fand any overtime due, in the manner provided for by law and less applicable Seductions and withholdings. LEASUNG EMPLOYMENT, Notwithstanding Paragraphs 1-4 sbove, EMPLOYEE understands and aggoes thal, should EmrLovee. (8) begin employment with any State of Texas agency oF insituton of higher education prior to the resignation date, or (b) retire from State of Texas employment prior to the resignation date, that: |A. EwpLover’s employtnent with the GLO will end and his resignation trom the GLO will be effective a¢ of the date of retirement or transfer to othe state employment 1B, EMPLOYEE forfeits any sight under Paragraph 2 to Leave with pay beyond the date of retirement or transfer to other state employment, C. EMevovtr understands and agrees that any acrued but unused compensatory, ‘dminisative, and wellness Jeave remaining as of the dite of EMPLOYEES retirement or transfer to other state employment isnot transferable o otherwise ‘compensable by the GILO and will be forfeited; D. If Eariover begins employment with any State of Texas agency or institution of higher lesening on or prior to the resignation date, EMPLOYER will provide Director of the GLO Human Resources Division, Charlotte Mille, with written notice of the transfer as soon as that information is availble REFERENCES, All requests for employment references related to EMPLOvEE and feucived by GLO [uman Resources Dopariment will be roeponded to ia fecordance with established policy. In response to employment verification requests that do not fll under the Public Information Act, Human Resources will provide the period of employment, beginning and ending job titles, and EMevoves’s final salary rate. In all other cases, the GLO will respond to requests in compliance with the Public Information Act. unt Reusass. In consideration of the benefits received under this agreement, Mtoe fully releases and forever discharges all agencies and instrumentalities ‘of the State of Texas, including the GLO, its officials, officers, employees, agents,and legal represeatatives, ftom any and all lability upon claims, demands, causes ‘of action, claims for relief, obligations, damages, eights, and all lability for Tegal or ‘equitable relief of any kind arising out of or related to EMPLovEE’s employment ‘with or separation from employment with the GLO. This is a full and comprehensive relief that includes, without limitation: (#) any claims arising under federal, state, or local laws prohibiting discrimination ot retaliation in ‘employment including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Disetimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Texas Commnission on Homan Rights Aet, and the Texas Whistleblower’s Act; (b) claims for breach of | sy contract or agreement () al claims under the tort laws ofthe State of Texas; snd (@) claims arising under any other state or local statute, As part ofthis release of claims, EMPLOYEE agrees tat: |A. This release inchudes claims based on any acts or events that occurred st any time before EMPLOYEE. signed this Agreement, regardless of if the acts oF ‘events were known fo EMPLOYEE: at the ime he signed the Agreement, 1B. This release docs not prevent EMPLovEE fom filing a charge of discrimination with the Equal Employment Opportunity Commission However, if any such change is currently pending ois later filed by ot om his behalf, EMPLOVEE agrees he will not seek or accept any personal relief, including but not limited (o any award of monetary damages or reinstatement of employment with the GLO. . This release does not apply to any claims that EMPLOYEE may have under the following laws: (@) the Pair Labor Standards Act; (b) workers compensation claims ander state law; and (c) unemployment compensation benefits under state law. D. This release does not apply to any claim EMPLOVKE may assert for breach of this Apreement. E, This Agreement constitutes an offer of additional benefits to EMPLOYEE, and ‘contains a release of claims under the Age Discrimination in Employment Act land the Texas Human Rights Commission Act. EatrLovEn may accept this ‘offer at any time within 45 days of receipt of this Agreement by delivering the ‘Agreement with no changes, signed by EMPLOYEE, to the GLO Human Rovources Diractor. This offer of additional henefts will he automatically Withdrawn if not accepted by EMPLOYER within 45 days of receipt of this agreement. If EMPLOYEE accepts this offer, EMPLOYEE may revoke scceptance by delivering written notice to the GLO Human Resources Director within 7 days of EMPLOVER’s acceptance. If EMPLOvEE revokes toceptance ofthis Agreement, the status of employment shall be termination effective August 4, 2015, not continued employment or resignation,10. 2. 13. Eepecrive Dare, This Agroement shall become effective and binding on the partes upon the expiration of the 7-day revocation period described in Paragraph 7). [RETURN OF GLO PRorenty. EMPLOYEE will immediately retum to the GLO all GLO property including, but not limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property. (MRITS, The parties agre that nether the existence of nor che terms contained Within this Agreement shall be construed as an admission of Tisblity or ‘wrongdoing by either EMrLoveE or the GLO. INDEMNIFICATION, EMPLOYBE, AGREES TO INDEMNIFY AND HOLD HARMLESS THE GLO, ITS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, COSTS, OR DAMAGES AS MAY BE INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOYEE'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S "EMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, THE GLO. ConrmeNTIALITY, The patios agree that the terms of this Agreement are ‘confidential. The parties, including their attorneys, agree that they will not voluntarily disclose the existence or terms of this Agreement, except as may be required to prove the existence ofthis Agreement to process payments subject (0 this Agreement or as otherwise required by law. (GOVERNING LAW AND VENUE, This Agreement will be governed and interpreted by the laws of the State of Texas, Venue of any suit brought under this Agreement ball bein a court of competent jurisdiction in Travis County, Texas. EMPLOYEE. imevocebly waives any objection, including but not limited to any objections as personal jurisdiction, venue, or forum non-conveniens, which he may now ot ater fave tothe bringing of any action or proceeding regarding this Agreement in & court of competent jurisdiction in Travis Coumy, TTexes. NOTHING IN Tus [AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNTTY BY ‘THEGLO. SEVERABILITY. If any provision contained in this Agreement is held to be Imenforwedble Ur luvalid by a court of conspetont juiadiction, the validity and enforceability of the remaining provisions shall not be affected. [ENTIRE AGREEMENT AND MopIFIcaTION. This Agreement contsins the entire ‘understanding between the partes and can only be amended by a written document signed by both parties, EMPLOYEE agrees and acknowledges that EMPLovEs has aot relied on any representations by the GLO other than those contained in this Agreement. This Agreement is binding upon, and shall inure to the benefit of the parties themselves, as well as their respective representatives, seeesors, permitted assign, heirs and estates.16, ATTORWEY FFES, In.a dispute to enforee the provisions of this Agreement, the prevailing party will be enlitled to actual atorneys" fees and cests, in edition to any award for damages. 17. Nonieys. Any notices required under this Agreement shall be sent to the appropriate address noted below and shall be considered given (1) when hend delivered or (2) when deposited in the United States mal, postege psi, cetled, reuen receipt requested, or when deposited with common cactie, overnight, signature required. Notice given in any ether manner is elfetive only if and when received by the party being notified. Fiher party may change its address for notice by piving writen notice to the other patty. GLO (for Hand Delivery Texas Ceneral Land Office 1700 Nortn Congress Ave, Rem, 730 Astin, TX 7870 ‘Aention: Human Resources Director “Texas Goneral Land Office P.O. Box 12873, Asin, TX78711-2873, ‘Auention: Hlumsn Resources Director EMPLOYEE 7 Ramirez ‘THe UNDERSIGNED AGREE TO, AND ACCERY THE TERMS SET FORTH AGRESMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL UNDERSTANDING OF 175 CONTENTS, “Texas GwunaL LAND Osrice Ud. al L ‘Anne Tesi, Chief Clerk Pre Ramives vac Stet pa Holy[SEPARATION AGKUEMMEN ReveAst oF CLABES ‘The putes to this Agreement are Louls Renaud hereinafter refered to as "ESIPLOVEE,” tnd the Texas GENERAL Lan O#Mice, hereinafter referred to as the "GLO." 1, ADMINISTRATIVE CONSIDERATION. In onder to afford EorLOvEe sional time in which to sek other employment and to avoid potential expense to the GLO of any adatinistative or judicial proceedings a8 may be instituted by and between the psties hereto relating to EoLovee’s employment by, or separation fromm, the GLO, the GLO grees, subject to the terms and conditions set forth in this ‘Agreement, o grant EMPLOYEE leave with pay commencing December 2, 2014, with the same salary and benefits existing for EMPLOYEE as of December 1, 2014, until close of business on January 2, 2018. This Agresment, except its ‘continuing obligations, which shall survive the expiration of this Agreement, TEMPLovi's leave with pay, and EMPLOYEE'S employment with the GLO shall expire and temminate upon the exhaustion of this period of leave with pay (Le. at the close of business on January 2, 2015). 2 ENSUING EMPLOYMENT. Notwithstanding Section 1 above, EMPLOYER ‘understands and agrecs tht, should FMPLOYEE wansfor to anoter state agency ot ‘ete from sate employment pir to th expiration ofthe period of leave wih pay franted berein, any remaining leave with pay shall be forfeited, and this ‘Agrocment, except is continuing obligations, which shall survive te expiration ofthis Agreement, and EMPLovHe’s employment with the GLO, shall expire and terminate upon the ellecve dae of EMPLOYER'S retirement or employiment by such agency 3. YACAION AND Comprasurony Tht. Upon the expiration of EMPLOYER'S ‘ranted leave with pay under Selon 1, or forfeiture thereof under Section 2, |EMPLovER. shall eceive a lump som peyment for accrued but unused vacauon (annual) lve and overtime (if any) in the manner provided for by lw. Furthermore, EMPLOVE understands and agrees that any accrued but unooed compensatory, administrative, and wellness leave Gf any) remaining as of the fective date of EMPLOYEE'S employment by another sate agency or upon ‘etrement, is not transferable or otherwise compensable by the GLO aad will be forfeited. Any foceltue of unused Teave with pay oF other compenssixy,siminstrtve, and wellness leave, if any, shall nat operate to relive KaPLovEx, fiom the obligations to fully comply with ll ers and conditions set fer in this ‘Agreement. 4. Rensoros Action FoR, |A. Unless paragraph B or C of this section apply, the GLO shall prepare a Personnel ‘Adion Form (PAF), with an effective date as of the expiration of the lave with pay provided for above (Le, at te close of business on January 2, 2015). The Separation PAF wil be entered sito the abfomuted Uniform Saicwide PayrollPersonnel System (USPS) as “at-will termination.” 'B Inthe event EMPLOVEE intends 1 rtre from sate employment on or prior to ‘January 2, 2015, the Diretor of the GLO Human Resouces Division, Greg Simpsoa, o¢ GLO Human Resources Specialist, Chavioue Millet, must receive writen notice from EMPLOYEE of such ratirement atleast two (2) weeks prior to the reizement date, Because the Eimloyees Retement System (ERS) requires that retirements take pace on the last day of @ moath, i the EMPLOYEE chooses to rte on January 31, 2015, EapLovrr agrees and directs the GLO to wilize his ecomied, uaused compensatory, administrative, and wellness leave and then annual leave and overtime (if any) fo cover the working days from January 3, 2015 through January 31, 2015. ‘The separation PAF will be entered into USPS te “rlirement” The PAF's effecve date will be the eflective date of the retirement. For & January 31,2015 retirement, the separation effective date will bbe January 31, 2015; o if EMpLovrs does not have enough accrued leave to cover the time from January 3, 2015 through January 31,2015, the separation effective date and time will be the date the last diy of applicable leave is exhausted Inthe event EMPLovER intends to transfer directly to another Texas sate agency on of prot to January 2, 2018, Dizector ofthe GLO Human Resources Division, Greg Simpson, of GLO Human Resources Specialist, Charlote Mille, must receive writen notie from EMPLOYEE of sich transfer at least two (2) weeks rior to the start date atthe new agency, so that Human Resoures can coordinate the PAF with the other agency to avoid any negative impact t0 EMPLOYEE's benefits. The separation PAP will hive an elective date ofthe effective dae of the taser, snd wil be entered into USPS as a "ans to a diferent sats agency” 5. RUPERENCES. All equests for refecenccs received by GLO regarding EMPLOYEE Shall be forwarded to the Human Kescurces Leparunent. In accordance with ‘esablshed policy Jn response to employment verification requests that do nt fall unde the Public Tnformation Act (verbal or written), and with employee approval, [AR will provide the following information regarding employees (cureat snd forme:+ period of employment; beginning and ending ob tte; and ‘© curent o inal salary at Inall other cases, the GLO will respond to requests in compliance with the Pblic Information Act HULLRELEASE. In consideration ofthe promises undertaken herein and the valid ‘compensation pai bythe GLO to EMPLOYEE under Section 1.01, EMPLOYER. and ExrLover's heirs, executors, and assigns hereby agree to completly and fully [RELPASE, ARSOLVE, AND DISCHARGE all agencies and insirumeatalities of the Sate of Tera, including the GLO, ity oflicers, employees, agents, and legal representatives, past, present, and fotwe, from any and all lables, claims, ‘demands, of catses of action, known or unknown, which have arisen out of [Enrvovne’s employment with, of separation of eployment from, tke GLO ot cout of any other known trasscion or occurrence between EMPLOYEE and the GLO or its oficers or employees, tothe fullest extent permited by applicable law. Furthermore, EMPLOYEE agres not to instiate or maintain any proceeding before the Texas Workforce Commission or any ther agency, or bring a lawsuit (of any kind whatsoever rolting to EMPLOYEE'S employment with, or separation ff employinent from, the GLO, of relating to any other known transaction or fecurence between EMPLOYEE and the OLO of its officers or employees, Including any cause of action arising under any state or federal law. This section does not apply to unemployment benefits sdministeed by the Texas Workforce Commission. The partes agre tht the scope ofthis agreement i intended to be a broad ws legally permisible. The paics also agree that this Pull Release is intended fo waive any and all claims of EMPLOYER, EMPLOYEE is advised (0 consult with an attorney prior to executing this Agreement. Remsrarmwsr. EmrLover expressly waives any sight as it may exist in continued employment with the GLO and expresly waives reinstatement in any fapacity with the GLO for at lest one (1) year from the expiration of this ‘Agreement, The GLO docs net concede that any right to employment or reitsatement exists Runs oF GLO Proreery, Ewecovee will, upon execution of this ‘Agrecmeat,retum al GLO property incinding, but aot limited 1, confidential information, computer files, passwords, laptops, ID badges, keys, and other state propeny. ‘Munuts. The GLO snd BopLovet understand and agree tht, by the execution of this Agreement, the GLO makes no representation concerning the merits of any ‘Complaint thie EMPLOYER may have relating to employment with, or separation of fempioyment from, the GLO or relating to any other Known transaction or ‘ccurence between EMPLOVEE and the GLO or any other agency ofthe State of “Texas o dot oficers and employees, and makes no admission that the GLO has imoured any Hihilty of any kind or character whatsoover with respect to10. a 2. 13. 6. TEMPLOvER. This agreement doesnot constitute, nor shoul it be construed as, an sdmisson of liability INDEMNIFICATION. EMPLOVER AGREES AND ACKNOWLEDGES THAT THIS ‘AGREEMENT SHALL. RE BINDING UPON FMPLOYEE AND EMPLOvEES HAIRS, [EXPCUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS ‘Tt. GLO, TIS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, (COSTS, OR DAMAGES AS MAY RE INCURRED BY THE GLO RESULTING FHOM ANY LLAWSUFT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMELOYEE OR [arvova's HEIRS, EXECUTORS, AND ASSIGNS ANISING OUT OF Kanex4vna’s [EMPLOYMENT WITH OR SEPARATION OF EMPLOYMENT FROM, THE GLO, [CONFIDENTIALITY AND FALSE LIGHT, Its the intention ofthe partes hereto hat ‘the terms of this Agreement shall be confidential. The pacts hereto, including their attorneys, hereto agree that they shall not voluntarily disclose the existence tor terms ofthis Agreement, except as may be required to prove the existence of this Agreement to process payments hercunder or as otherwise may be required by law, FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE, NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT. The GLO shall have no further obligations with respect to this provision, and nothing in this provision is intended to eeate a claim or cause of action based on any alleged remarks by any GLO office, employee or agent. [Nos-ComPLANce. Either party shall immedistely advise the other party in ‘wring of any incidence of possible noncompliance with the provisions ofthis ‘Agreement, und shall provide the ether party with a reasonable opportanity to adress the possible noncompliance, After such reasonable opparanty the GLO {in its sole discretion) may determine that EMPLOYER'S noncompliance shall result inthe forfeiture of any farther compensation due under this Agreement. GOVERNING LAW AND VENUK, This Agreement and the rights and obligations of| ihe panies hereto shall be governed by, and constrved according to, the les of the State of Texas, exclusive of confils of Iaw provisions. Venbe of any suit bought under this Agreement shall be in a court of competent jurisdiction in ‘Travis Couaty, Texas, EMPLOYER irevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the lerounds of forum noo-conveniens, which i€ may now or hetafter have to the bringing of any scion or proceeding in such juristiction in respect of this Agreement or any docoment related here. NOTHING IN THIS AGREEMENT [SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNEFY BY Hk, GLO. ‘SEVERABILITY. If any provision contained in this Agreement is held to be ‘unenforceable by a court of law or equity, this Agrecment shall be construed as if such provision did not exist, and the non-enforeabilty of such provision shal not be fel? to render any other provision or provisions of this Agreement ‘unenforceable so long as such severbilty does not deprive either party of the ‘benefit of ts bargain,15, 16. Eomime Acnemaievr axp Mopinicarion. This Agreement constitutes the entire fpreement of the parties and, at such, ie inonded as complete and exclusive Salement of the promises, repesertaons, negotiations, discussions, and chr sgreements tht may have beea mado in connection with tbe subject matter bereol EMPLOYEE agrees and acknowledges tha! EMPLOYEE hat not relied 03 aay represeatitions by the GLO other than those conttned in the Agreement ise Noneas. Any notices required under ths Agreement shall be desmed delivered ‘when deposited citer in the United States mal, postage pd, cerified, rea receipt requasted; or with common carrier, oversight, signature required, co the sppropiateaderess Belo GLO (for Postal Delivery) ‘Texas General Land Office P.O, Box 12873 ‘Avastin, TX 78711-2873, ‘Atteation: Director, Human Resources GLO (for Hana delivery) ‘Texas General Land Office 1700 North Congress Avenue, Rm. 730 ‘Austin, TX 78701 ‘Atletion: Director, Human Resources Eamoxe “Louis Rosas Notice given in any other manner shall be deemed effective only if and hen recived by de pty to be notified. Hither purty may change its adess fr netice by eaten notice othe ober pasty a een provided. SteN\TURE Pack FoLLows‘SIGNATURE PAGE YOR SEPARATION AGREEMENT AND RELEASE OF CLAIMS "Tun UNDERSIGNED AGREE TO, AND ACCEPT THE TERMS SET FORTH IN, THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL ‘UNDERSTANDING OF ITS CONTENTS. Esevove, Laie late rincinine C. Lovet Renata ate of excention, /2 “15 /# [REMAINDER OF PAGE ENPENTIONALLY Lier BLANKSEPARATION AGREEMENT ‘AND [RELEASE OF CLAIMS “The partes to this Agreement are Rdward Richburg hereinafter referred to as “EwpLoves,” and the TEXAS GENERAL LAND OrFice, hereinafter referred to as the foro Lot 2.01 301 ApMINIsrRaTivi CONSIDERATION, In order to afford EMPLOYEE additional time in which to seek other employment and o avoid potential expense to the GLO of any administrative or judicial proceedings as may be instituted by and between the parties hereto relating to EMPLovE#"S employment by, or separation fom, the GLO, the GLO agrees, subject to the terms and conditions set forth in this ‘Agreement, (0 grant EMPLOYEE leave with pay commencing November 15, 2014, with the same salary and benefits existing for EMPLOVES. as of November 14, 2014, until close of business on January 2, 2015. This Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, EaPLovEe's leave with pay, and EmpLover's employment with the GLO shall expire and terminate upon the exhaustion ofthis period of leave with pay (Le. at the close of business on January 2, 2013) Hogue Eamovuenr, Nowittaniing Sean 101 shove, roves understands and agrees that, should EMPLOYEE: vansfer to another state retire fom state employment prior to the expiration of the period of leave swith poy granted herein, any remaining leave with pay shall be forfeited, and this ‘Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, and EMPLovEX’s employment withthe GLO, shall expire and terminate upon the effective date of EMPLOYEE'S retirement or employment by such agency. VACATION AND COMPENSATORY TIME. Upon the expiration of EMPLOYER'S {granted leave with pay under Section 1.01, or forfeiture thereof under Section 2201, EMPLOYEE shall receive slump sur payment for aceried but unused vacation (annual) eave and overtime Gf any) in the manner provided for by law. Furthermore, EMPLOYEE understands and agrees that any accrued ut unused compensatory, administrative, and wellness leave (if ary) remaining as of the effective date of EMPLOYER'S employment by another state agency or upon retirement, is not transferable or otherwise compensable by the GLO and will be401 sou forfeited. Any forfeiture of unused leave with pay or other compensatory, ‘administrative, and wellness leave, if any, shall not operate to relieve EMPLOYEE from the obligations to fully comply with all terms and conditions set forth inthis ‘Agreement. Punsone. Action Fors, Unless paragraphs Bor C of this section apy the GLO shal prepare a Personne Action Form (PAF), with an effective date as of the expiration of the leave with Day provided for above (eat the cose of business on January’ 2, 2018), wich fr lela ar the dete of exhaustion of al Teave as described herein. TAS Separation PAF will be. entered inio the automated Unifomn Sstowide Payroll/Personnel System (USPS) as “reduction-in-firrce.” In the event EMPLOYEE: intends to retire from state employment on or prior to January 2, 2018, the Director of the GLO Human Resources Division, ‘Grog Simpson, or Charlotte Miller, GLO Human Resources Specialist, must receive written notice from EMPLOYEE of such retirement at least two (2) weeks prior to the retirement date. The separation PAF will be entered into USPS as “cotirement” The PAF's effective date will be the effective date of the retiroment, For g January 2, 2015 retirement, the separation effective date will be January 2, 2015, In the event EMPLOYEE intends to transfer directly to another Texas state agency (on of prior to January 2, 2015, Director of the GLO Human Resources Division, Greg Simpson, or Charlotte Miller, GLO Human Resources Specialist, must receive written notice from EMPLOYEE of such transfer at least two (2) weeks ‘ior to the start date atthe new agency, so that Human Resources ean coordinate the PAF with the other agency to avoid any nepative impact to EMPLOVEE’s benefits. The separation PAF will have an effective date of the effective date of the transfer, and will be entered into USPS as a “iansfer to a different sate agency.” REFERENCES, All roquests for references reoeived by GLO reganing EMPLOVEE shall be forwarded to the Human Resourees Department, In accordance with established policy: In zesponse to employment verification requests that do not fall under the Public Information Act (verbal or writes), and with employee epproval, LER will provide the following information regarding employees (current ‘and forme): ‘© period of employment, beginning and ending jo ‘© current or final salary rate. Inall other cases, the GLO will respond to requests in compliance with the Public Information Act.601 201 BULL RELEASE In consideration of the promises undertaken herein and the vali ‘compensation pai by the GLO to EMPLOYEE under Seetion 1.01, EMPLOYEE and EMPLoves’s heirs, executors, and assigns hereby agree fo completely and fully RELEASE, ARSOLVE, AND DISCHARGE all agencies and instrumentaltes of the State of ‘Texas, including the GLO, its officers, employees, agents, and legal representatives, past, prosent, and future, ffom any and all liabilities, claims, demands, or causes’ of action, known or unknown, which have arisen out of EMpLovee's employment with, or separation of employment from, the GLO or ‘out of any other known trensaction or occurence between EMPLOYEE and the GLO or its officers or einployers, o the fullest extent pevmitted by applicable lave, Furthermore, EMPLOYEE agrees not to institute or maintain any proceeding before the Texas Workforce Commission or any other agency, or bring «lawsuit ‘of any kind whatsoover relating to EMPLovEE's employment with, or separation of employment ftom, the GLO, or relating to any other known transaction or ‘ecurrence between EMPLOYEE and the GLO or its officers or employees, including any cause of action ursing under any state or federal law. This section does not apply to unemployment benefits administered by the Texas Workforce ‘Comunission. The parties agree that the scope ofthis agreement is intended to be 1s broad as legally permissible, The parties also agree that this Full Release is intended to waive any and all claims of EMPLOYEE. EMrvoves is advised ‘consult with an attorney prior to executing this Agreement, REINSTATEMENT, EMPLOYEE expressly waives any right as it may exist in ‘continued employment with the GLO and expressly waives reinstatement in any ‘capacity with the GLO for at least one (1) year from the expiration of this Agreement, ‘The GLO does not concede that any right to employment or rwinstatement exists. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK801 9.01 10.01 101 12.01 1301 ‘RETURN OF GLO PRoreRty, EmrLoyee will, upou exccution of this Agreement, retum all GLO property including, but not limited to, confidential information, computer files, password, laptops, ID badges, Keys, and other state Property. -Mexrr, The GLO and EMPLovEe: understand and agree that, by the execution of | ig Agroement, the GLO makes no representation concerning the mevits of any complaint that EMPLOYEE may have relating to employment with, or separation of| employment from, the GLO or relating to any other known transaction ot occurrence between EMFLOYEE and the GLO or any other agency of the State of | ‘Texas, or their officers and employees, and makes no admission that the GLO has incurred any liability of any kind or character whatsoever with respect 10 EMPLovex, This agreement does not constitute, nor should it be construed as, an admission of Liability INDEMNIFICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT TIES AGREEMENT SHALL BE BINDING UPON EMPLOYEE AND EMPLOVER’S HEIRS, EXECUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS ‘THE. GLO, 11S OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, (COSTS, OR DAMAGES AS MAY BE INCURRED BY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTHER ACTION BY EMPLOYEE OR EMPLOVES'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S EMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, THE GLO. ConvpENTIALITY AND FALSE LLGHT, Is the intention of the pares hereto tht ihe temns ofthis Agreement shall be confidential The parties hereto, including their tomes, hereto agree tat they shall not voluntarily disclose the existence or ters ofthis Agreement, except as may be required 10 prove the existence of this Agreement to process payments kereunder or as otherwise may be required by law, FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE NOT TO MAKE ANY STATEMENTS WHATSOEVER THAT SHALL CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT. The GLO shall have no further obligations with respect t this provision, and nothing inthis provision is intended to create claim or cause of aetion based on any alleged remarks by any GLO officer, employes, or age NON-COMPLIANCE. Either party shall immediatly advise the other party in ‘writing of any incidence of possible noncompliance with the provisions of this ‘Agreement, and shall provide the other party wilh a reasonable opportunity to ‘address the possible noncompliance. After such reasonable opportunity, the GLO (in its sole diseretion) may determine that EmrLovEE's noncompliance shall ‘result inthe forfeiture of any further compensation due under this Agreement, GOVERNING LAW AND VENUE. This Agreement and the rights and obligations of | ihe parties hereto shall be governed by, and construed according to, the laws of | the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Agreement shall be in a court of competent jurisdiction in1401 1601 Travis County, Texas. EMPLOYER. irrevocably waives any objection, including any objection to personal jwisdiction er the laying of venue or based on the rounds of foram pon-con\veiens, whlch it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Agreement ar any document related hereto. NOTHING IN THIS AGREEMENT SHALL BE.CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. SEVERAMILTY, If any provision contained in this Agreement is held to be Uunenforveable by a court of law or equity, this Agreement shall be consirued ss if sich provision did not exist, ad the non-enforceabiity of such provision shal nat be beld 10 render any other provision or provisions of this Agreement unenforceable so long as such seversbility does not deprive either party of the benefit of its bargin NN. This Agreement constitutes the entire fgreement of the parties and, as such, ig intended as a complete and exclusive ‘fatement of the promises, representations, negotiation, discussions, and olher ‘agreements thet msy have been made in connection with the subject matier hereof. EMPLOVEE, agrees and acknowledges chat EMrLOYRE hos not relied on ‘any representations by the GLO other thin those contained in the Agreement sel Nonices. Any notes required under this Agreement shall be desmed delivered ‘when deposited either in the United States mal, postage paid, cerified, rctun receipt reqoested; or with « caraman earex, overnight, signanire requited, to the sppropriste adcseas below GLO (for Postal Delivers) Texas General Land Office P.O, Bax 12873 Astin, TX 78711-2873 Attention: Deputy Commissioner, Haman Rescurces (GLO (for Hand dativers) Texar General Land Offie 1700 North Congress Avenuc, Ri. 730 Austin, TX 78701 ‘tention: Deputy Commissioner, Human Resources Notice given in any other manaer shall be deemed effective only if and when received by the party tobe notified. Titer party may change its addtess for notice by oiten notice to the ater party as herein provided,‘SIGNATURE PAGE FOR SEPARATION AGREEMENT AND RELEASE OF CLAINS ‘THE UNDERSIGNED AGREE TO, AND ACCEPT THR TERMS SET FORTH INy THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL [UNDERSTANDING OF ITS CONTENTS. EwrLovex, ed Pricted Neme:_ BAe hich bscy Date of exceution Lilohy Date of exceution,_///a.Jeb- [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.SEPARATION AGREXMENT AND Reneastor Cams ‘Tae parties to ths Agreement ae Jane Sarosdy hereinafter referred to as "EMPLOVIA and the Texas GzNsKAL LaNp Orrice, hereinafter referred 0 as the *GLO.” 1. ApuNisrestive ConswuRATION. In order to afford EetPLovEE additonal dime in which o seek other employment and to avoid potential expease t the GLO of ‘any administrative or judicial proceedings as may be instituted by and between the parties hecto reeling to BMPLOYEH'S employment by, or separation fom, the ‘GLO, the GLO agrees, subject tothe terms and conditions set fort inthis “Agreement, to: Grant PMLOVE leave with pay commencing December 16, 22014, with the same salary and benefits existing for EMPLOYEE as of December 415, 2014, unt close of basiness on February 2,2015, ands inthe event that EMPLovEE bss not obtained employment with abotber agency ofthe State of| “Toxas by Rebruary 2, 2015, andthe Exerovee provides written notice tothe GLO prior to February 2, 2015, commencing February 3, 2018 tie GLO allow EMPLOYEE to exbiust het acerued, unased compensatory, administrative, ‘wellness, and vacation (znnual) leave in an amount specified by the EMPLOYEE in her writen notice. This Agreement, excep its continuing obligations, which shall survive the expiration of this Agreement, EMPLOYEES leave with pay and employtnent withthe GLO shall expite snd terminate on February 2, 2015, or the ‘ate ofthe exhaustion of leave hours as specified by EMPLOYER. 2. EASUING_EMeLovewr Notwithstanding Section 1 above, EMPLovEr ‘understands and agrees tat, should EMPLOYEE transfer to another state agency of retire fom sate employment proc to the expiration af th period of leave with pay ranted orein, any remsining leave with pay shall be forfeited, and this ‘Agroomont, except ite continuing abligationo, which challcurvive the expiration of this Agreement, and EMPLOYEE'S employment with tie GLO, shall expire and tecminate upon the effective date of EMPLOYEE'S retirement or employznent by such agency, 5, VACATION AND Compuysarory Tnav. Upon the expiration of EMPLOYER'S ‘ranted lenve with pay under Section 1, or forfeiture thereof under Section 2, [EwPLoves: stall receive a lump sum payment for accrued but unused vacation (annual) leave and overtime (if any) jn the manner provided for by lew.Furthermore, EMPLOYEE understands and agrees that any accrued but unused compensiiory, administrative, and wellness leave (if any) remaining as of the cffecive date of EMPLOYKE'S employment by another sate agency or upon retirement, isnot transferable or otherwise compensable by the GLO and willbe forcted. Any forfeiture of unused leave with pay oF other compensiory, ‘administrative, end wellness leave, if any, shall not operate to relieve EMPLOYER {rom the obligations to fully comply with all terns and conditions st forth in this ‘Agreement, 4. Bunsonner. ActioN For. A. Unless paragraph B oF C ofthis section applies, the GLO shall prepare a Personnel ‘Action Form (PAF), with an effective date as ofthe expiration of the leave with ay provided for abave, The separation PAF will be entered into the antomated Uniform Statewide Payroll/Personnel System (USPS) es “a-will termination” 1B, Inthe event EMPLOYEE intends to rele from state employment On or prior 0 February 2, 2015, o, if applicable, on or prior to the date of the exhaustion of har leave as described in paragraph one of this document, the Director of the GLO ‘Harman Resources Division, Greg Simpson, or GLO Human Resources Specialist, CCharlote Miller, must receive writen notice from EMPLOYER of such retirement atleast two (2) weeks prio to the retirement date. The separation PAF will be tenlered into USPS as “rtizement” The PAP’s effective date wil be the effective date ofthe retirement, Inthe event EMpLovue: intends to ranfer directly to another Texas state agency ‘on or prior to February 2, 2015, or, if applicable, on or prior tothe date of the ‘exhaustion of her leave as described in paragraph one of this document, Director ‘of the GLO Human Resources Division, Greg Simpson, or GLO. Human Resources Specialist, Charlotte Miller, must receive writen notice from EMPLOvEE of such transfer atleast two (2) weeks priot to the start date atthe new agency, so that Human Resources can coordinate the PAF withthe other agency to avoid any negative impact to EMPLOYER's benefits. The separation PAE will have an effective date of the effective date of the transfer, and will be entered into USPS as “tansferto a diferent state agency.” 5, REFERENCES, All requests for references received by GLO regarding EMPLOYER. shall be forwarded to the Human Resources Department. In accordance with established policy: In vespange to emplayment werifcaion rest thet aot fall under the Public Information Act (verbal or written), and with employee approval, TR will provide the following information regarding employees (current and former) 4+ period of employment; ‘+ beginning and ending job ties; and 4 cuent or final salary ate10. Inall other ease, the GLO will espond to requests in compliance with the Public Information Act. ‘FULL RELEASE In consideration ofthe promises undertaken herein andthe valid ‘ompensition paid by the GLO to EapLovi under Section 1.01, EMPLOYEE and EMPLOYEE'S heirs, executors, and assigns hereby ares to completly and fully [RELEASP, ARSOLVE, AND DISCHARGE all agencies and insieumentalities of the State of Texas, including the GLO, its officers, employees, agents, and legal representatives, past, present, and future, from any and all Tablities, claims, demands, or causes of action, known or unknown, which have arisen out of EMPLOYER'S employment with, or seperation of employment from, the LO ot ‘out of any offer known transaction or oscurrence botween EMPLOYEE and the GLO or its officers or employees, to the fullest extent permitted by applicable fa, Furthermore, EMPLOYEE agrees oo! fo institute or maintain any proceeding, before the Texas Workforce Commission or any other agency, or bring a lawsuit fof any kind whatsoever relating to EaarLovis’s employment wit, or separation fof employment from, the GLO, of relating to any other known transaction of ‘occurrence between EMPLOYEE and the GLO or its officers or employees, including any cause of action arising under any state or federal law. This section docs aot apply to unemployment benefits administered by the Texas Workforce ‘Commission. The parties agree thatthe scope ofthis agreement i intended to be ‘6 broad 8 legally permissible. The parties also agree that this Full Release is Intended to waive any ad all claims of EMPLOVEE. EMrLoyEs is advised to ‘consult with an attorney prior to executing this Agreement, REDSTATEMNT. EMPLovEE expressly waives any right as it may exist in confined employment with the GLO and expresly waives reinstatement in ny Capacity with the GLO for at lest one (1) year from the expiration of this ‘Agreement, The GLO does not concede that any right to employment or reinstatement exists. RETURN OF GLO PROPERTY. EMPLOYEE will, upon execution of this ‘Agreement, return all GLO property including, but aot limited to, confidential information, computer files, passwords, laptops, ID badges, keys, and other state property. _MeRrTs. The GLO and Enerover understand and agree tha, by the execution of. this Agreement, the GLO makes no representation concerning the metits of any ‘complaint thot Pa OVER may have relating to employment wit, oF separation of employment from, the GLO or relating to any other known transtction of ‘occurrence between EMPLOYEE. and the GLO ot any other agency ofthe State of “Texas, or their officers and employes, and makes no admission thatthe GLO has incurred any liabity of any kind or character whatsoever with respect to EMPLO¥EE, This agroement doesnot constitute, nor should it be consrued a, an sdmission of liability INDEMNIFICATION, EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS [AGRKEMENT SHALL. BE BINDING UPON EMPLOVEE AND FMPLOYEE'S HEIRS,4, 2 14 15. [EXECUTORS AND ASSIGNS, AND AGREBS 70 INDEMNIFY AND HOLD HARMLESS "TH GLO, IS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY LIABILITY, (COSTS, OR DAMAGES AS MAY BE INCURRED HY THE GLO RESULTING FROM ANY LAWSUIT, ADMINISTRATIVE PROCEEDING, OR OTINIR ACTION BY EMPLOYEE OR [EMPLOviE'S HEIRS, EXECUTORS, AND ASSIGNS ARISING OUT OF EMPLOYEE'S [BMPLOYMENT WITH, OR SEPARATION OF EMPLOYMENT FROM, THE GLO. (CONFIDENTIALITY AND FALSE LIGHT, Ili the intention ofthe parties hereto that the tems of this Agreement shall be confidential. Tae parties hereto, including ther ttomeys, hereto agree that they shall not voluntarily disclose the existence for terms ofthis Agreement, except as may be required to prove the existence of this Agreement to process payments hereunder or as otherwise may be required by lav. FURTHERMORE, THE GLO AND EMPLOYEE HEREBY AGREE NOT TO MAKE ANY STATEMENTS WHATSORVER THAT SHALL. CAST EITHER PARTY IN A NEGATIVE, FALSE LIGHT. The GLO shall hhave no further obligations with respect to this grovision, and nothing in this provision is intended to create a claim or cause of action based on any alleged remarks by any GLO office, employee, or agent. Non-CoMPLIANce. Either party shall immediately advise the other party in ‘writing of any incidence of possible noncompliance with the provisions of this Agreement, and shall provide the other party with a reasonable, opportunity to address the possible noncompliance. After such reasonable opportunity, the GLO Ga its sole discretion) may determine that EmpLover's noncompliance stall resalt in the forfeiture of any father compensation de under this Agreement, GOVERNING LAW AND VENUX. This Agreement and the rights end obligations of the parties hore shall be governed by, and eonstwed according f, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit ‘brought under this Agreement shall be in a court of competent jurisdiction in ‘Travis County, Texas. EMPLOYEE irrevocably waives any objection, ineluding ny objection to personal jurisdiction of the laying of venue or based on the ‘grounds of forum non-conveniens, which It may now or hereafter have to the Dringing of any action or proceeding. in such jurisdiction in respect of this Agreement or any document related hereto. NOTHING IN THIS AGREEMENT [SLL BE-CONSTRUED AS A WAIVER OF SOVEMEIGN IMMUNITY BY THE GLO. [SHVERABILITY. If any provision contained in this Agreement is held to be "nenforeeshle hy a cor of lw or equity, this Agreement shal be construed as if sch provision didnot exis, andthe non-enforceabilty of such provision shall not bbe held to render any other provision or provisions of this Agreement ‘unenforceable so long a8 such severability does not deprive ether party of the benefit ofits bargain [BQTIRE AGREEMENT AND MODIEICATION. This Agreement constitutes the entre ‘agreement of the parties and, as such, is intended as a complete and exclusive Satement of the promises, representations, negotiation, discussions, and other ‘agreements that may have been made in connection with the subject matterbereof, BoPLoviH agress and acknowledges that EMPLOYER has not relied on ny representations by the GLO other than those contuted in the Agreement isl Norices. Any notices required under thie Agreement sll be desmed detivered ‘when deposited either in the United States mul, postage paid, certified, rum receipt requested. or with a common carrer, overnight, signatae required, tothe Appropriate udress belo: GLO (for Postal Delivery) ‘Texas General Land Ofice P.O. Box 12873 Austin, TX 78711-2873, ‘Attention: Director, Human Resources ‘GLO (for and delivers) “Texas General Land Office 1700 Now Congress Avenue, Ren, 730 ‘Austin, TX 78701 ‘Attention: Director, Hora Resourees Evrovee Jane - [Notice given in any other munnec stall be doomed effesive only if and when received by the party to te notified. Biter party may change is address for notice by written noice io de other party as herein provided SIGNATURE PAGE FOLLOWSSIGNATURE PAGE FOR SHPARATION AGREEMENT AND RELEASE OF CLAIMS ‘THE UNDERSIGNED AGREE TO, AND ACCEPT THE TERMS SET FORTH IN, THIS AGRWEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL [UNDERSTANDING OF ITS CONTENTS. "Texas GENERAL LAND OFFICE Ewetovise Lary 1 Lain, Chief Clee” A 3 Depity Land Commioner, Printed Nome: Sasa avetemoe 21S lay Dav of ein ct. [RastaINDER OF PAGE INTENTIONALLY LEFT BLANK.‘SEPARATION AGREEMENT AND [RFLEASEOF CLAIMS ‘The patties to this Agreement are Justin Sperling hereinafter referred to as "BMpLovEn,” and the TEXAS GENERAL LAND OFFics, hereinafter referred to as the "GLO. 1, AbwnastRarve CONSIDERATION, In onder to afford EMPLovEs adkltional time in which to seek other employment and to avoid potential expense to the GLO of ny administrative or judicial proceedings as may be instituted by and between the partes hereto relating to EMPLOVER'S employment by, or separation from, the GLO, the GLO agrees, subject to the terms and conditions set forth in this ‘Agreement, o grant EMPLOYEE Jeave with pay commencing December 9, 2014, ‘with the same salary and benefits existing for EMPLOYEE, as of December 8 2014, until close of business on February 2, 2015. This Agreement, except its continuing obligations, which shall survive the expiration of this Agreement, Ewpcovee's leave with pay, and EMPLOYEE'S employment with the GLO shall ‘expire and terminate upon the exhaustion ofthis petiod of leave with pay (Le, at the close of business on February 2, 2015), 2. ENSUING EMPLOYMENT. Notwithstanding Section 1 above, EMPLovEE ‘understands and agrees thet, should EMPLOYEE transfer to another state agency ot ‘etre from state employment prior tothe expiration of the period of lve with pay granted herein, any remaining leave with pay shall be forfeited, and this ‘Agreement, except its continuing obligations, which shall survive the expiration ofthis Agreement, and EmpLovix's employment with the GLO, shall expire and terminate upon the effective date of EMPLOYEE'S retirement or employment by such agency. 3. VACATION AND CoMPENSATORY TIME. Upon the expiration of EMPLOYEE'S ‘ranted leave with pay under Section 1, or forfeiture thereof under Seetion 2, EMPLover shall receive a lump sum payment for accrued but unused vacation (annual) eave and overtime (jf any) in the manner provided for by law. Furthermore, EMPLOYER understands and agrees that any accrued but ‘nosed compensatory, administrative, and wellness leave (if any) remaining as of the clfective date of EMPLOYEE'S employment by another stale agency oF upon retirement, is not tansferable or otherwise compensable by the GLO and will be