‘SEPARATION AGREEMENT RELEASE OF CLAIM ‘The parties to this Agreement are Layton Sumpter hereinafter referred to as “EmpLoves,” and the TEXAS GuNERAL LAND O¥Fice, hereinalter referred to as the “GLO” 1.00 2.00 3.00 Apuunisrnarivr ConsIDERATION. In order to afford EMPLOYEE additional ime in which to seck other 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 EMPLOVEES employment by, or seperation from. the GLO, the GLO agrees, subject to the terms and conditions set forth in ‘this ‘Agreement, to grent EMPLOYEE: leave with pay commencing January 16, 2018, with the same salary and benefits existing for EMPLOYEE as of January 15, 2015, until close of business on March 3, 2018, In addition, the period of leave ‘with pay shall be extended to exhaust any accrued, but untsed, compenseory, saiministrative, and wellness lave EMPLOYEE may have earned (as show in the sutomated Uniform Statewide Payroll/Pereonnel Sysicm and the GLO Timekeeper system). This Agreement, except its continuing obligations, which shall survive the expiration ofthis Agreement, EMPLOYER'S leave with pay, and Empovee’s employment with the GLO shall expire and terminate upon the exhaustion ofthis period of eave with pay (Le atthe close of business on March 3,201, plus the time period covered by any acerued, but unused, compensatory, ‘administrative, and wellness leave). Exsung_EMerovorens. Notwithstanding Section 1.01 above, EMrLover. understands and agrees that, should EMPLover: transfer to another state agency or etre from state employment prior to the expiration ofthe period of eave with pay granted herein, any remaining leave with pay shall be forfeited, and 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 EMPLOYER'S retirement or employment by such ageney. VACATION aN COMPENSATORY TIME. Upon the expiration of EMPLOYEES ‘raated leave with pay under Section 1.01, or forfeiture thereof under Seetion 2.01, EMPLove shall receive slump sum poyment for acerued but unused vacation4.00 5.00 6.00 (annual) leave and overtime (if any) in the manner provided for by law. Furthermore, EMPLOVEE understands and agrees that any accrued but unused compensatory, administrative, and wellness leave (if any) remaining as of the effective date of EmpLover’s employment by another slate agency or upon retirement, isnot transferable or otherwise compensable by the GLO and will be forfeited, “Any forfeiture of unused leave with pay or other compensatory, ‘administrative, and weliness leave, if eny, shall not operate to relieve EMPLOYEE from the obligations to fully comply with all terms and conditions set forth inthis ‘Agreement Punsowwen AcTion Foun. Unless paragraph B of this section applies, te GLO shall prepare a Personnel Action Form (PA), with an effective date as ofthe expiration of the leave with pay provided for above (Le, atthe close of business on March 3, 2015, plus the ‘ime period covered by any accrued, but unused, compensatory, administrative, and wellness leave), which is calculated as the date of exhaustion of all leave as described herein, The separation PAF will be entered into the automated Uniform Statewide PayrollPersonnel System (USPS) as “tedlustion-in-frce.” In the event EMPLOYEE intends to transfer directly to another Texas state agency on or prior to Marek 3, 2015, Director of the GLO Human Resources Division, Greg Simpson, or GLO Human Resources Specialist, Charlotte Milles, must receive written notice from EMPLOYEE of such transfer at least wo (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 EMPLOYEE'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 “transfer to a different state agency.” REFERENCES. All requests for references received by GLO regarding EMPLOYEE shall be forvarded to the Human Resources Department. In accordance with established policy In response to employment verification requests that do not fll under the Public Information Act (verbal or written) and with employee approval, LHR will provide the following information regarding employees (current and former): ‘+ period af employment; + beginning and ending job titles; and © cament or final salary rate. In all other cases, the GLO will respond to requests in compliance with the Public Information Act FULL RELEASE. In consideration ofthe promises undertaken herein andthe valid ‘compensation paid by the GLO to EMPLOYEE under Section 1.01, EMPLOYEE and7.00 EMPLOYEES heirs, executors, and assigns herby ages fo completely and fly RELEASE, ABSOLVE, AND DISCHARGE ell agencis and insrumentalities of the State of Texas, including the GLO, its ofices, employees, agents, and legs) represenatives, pst, present, and future, from any and all lisbilites, claims, demands, or causes of ection, known of unknown, wiih have arisen out of ExpLover’s employment with, or separation of employment from, the GLO or ‘out of any other known transaction or oocurrence between EMPLOYEE and tho GLO or its officers or employees, to the filles extent permitted by applicable law, Furthermore, EMPLOYEE agrees not to institute or maintain any proceeding before the Texas Workloree Commission or any othe agen, or bring wit af ny Kind whatsoever seating to Entmovan’s employment with, or expartion of employment fiom, the GLO, of relating to any other known transection or foveurrence between EMPLOYEE and tho GLO or is officers or employees, including any cause of action arising under any tate or federal law. This section does not apply to unemployment benefits administered by the Texas Workforce Comission. The partes ogre thatthe scope of this agreement i intended to be a broad as legally pemnissble. The patios also agree that this Full Release is intended fo waive any and all clsims of EMPLOYEE. EMPLOYEE is advised to consult with an attorney prior to exeeuting ths Agreement. RUNSTATEMENT. 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 docs not concede that any right to employment or reinstatement exist, [REMAINDER OF TIS PAGE INTENTIONALLY LEK BLANK8.00 9.00 10.00 11.00 12.00 13.00 RETURN OF GLO ProveRty, EMPLovEr will, upon execution of this Agreement, retum all GLO property including, but not limited to, confidential information, computer fies, passwords, laptops, ID badges, keys, and other sate property. ‘Mentrs, The GLO and EMPLoyer understand and agree tha, by the exceution of| this Agreement, the GLO makes no representation conceming the merits of any ‘complaint that EMrLovEs: may have relating to employment with, or separation of employment fiom, the GLO or relating to any other known transaction or ‘ecurrence between EMPLOYEE and the GLO or any other agency of the Stato of ‘Texas, or their officer and employeee, and makes no admission that the GLO haa incured any linbility of any kind or character whatsoever with respect 10 EMPLOYEE. This agreement does not constitute, no should it be construed as, an admission of liability. INDEMNIFICATION. EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS AGREEMENT SHALL BE BINDING UFON EMPLOYEE AND EMPLOYEE'S HEIRS, EXECUTORS AND ASSIGNS, AND AGREES TO INDEMNIFY AND HOLD HARMLESS ‘THE GLO, 115 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. ‘CONMIDENTIALITY AND FALSE-LIGHT Iti he intention ofthe partes hereto that the tems of this Agreement shall be confidential. The parties here, inelading their atomeys, hereto agree that they shal not voluntarily disclose the existence or tems ofthis Agreement, excep as may be required to prove the existence of this Agreement to process payments hereunder or as otherwise may be requied ty 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 futher obligations with respect ¢o this provision, and nothing inthis provision is intended to create clata or cause of action based on any alleged. remarks by any GLO officer, employee, ar agent NON-COMPLIANCE Fither party shall immediately advise the other party in ‘writing of any ineidence of possible noncompliance with the provisions of Agreement, and shall provide the other party with a reasonable opportunity t0 address the possible noncompliance. After such reasonsble opportunity, the GLO. (in its sole discretion) may determine that EMPLOYER'S noncompliance shall result in the forfeitue of any furtuer compensition due under this Agreement Govenvine Law ANP VENUE. This Agreement and the rights and obligations of ‘the parties hereto shall be governed by, and construed according fo, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit ‘rough under this Agreement shall be ina court of competent jurstcton in ‘Travis County, Texas. EMPLOYEE irrevocably waives any objecion, including‘any objection to personal jurisdiction or the laying of venue or based on the grounds of forum noo-conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Agreetient or any document related hereto, NOTIING IN "HIS AGREEMENT SHATL BE.CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNETY BY Titt GLO, 14.00 Sevenamury. If any provision contsined in this Agreement is held to be 15.00 Uunenforeeable by a court of law or equity, this Agreement shall be construed as if such provision did not exist, and the non-enforceablity of such previsio shall not be held to render any other provision or provisions of this Agreement imenforeeable so long as such severability does not deprive ether party of the benefit ofits bargain, EXTiny Acnessent AND MovIticaT1on. This Agreement constitutes the entre agreement of the parties and, as such, is inended as 2 complete and exclusive Malement of the promises, representations, negotiations, discussions, and otter agreements that may fave been made in connection with the subject mater hereof. EMPLOYEE agrees and acknowledges that EMPLOYEE: has aot reid on any representations by the GLO other than those contained in the Agreement insert 16.00 Nonces. Any notices requited under this Agrosment shall he deemed delivered when deposited cither in the United States mal, postage paid, ceriied, retin receipt roquested; or with a common carer, overught, signature required, to the sppropriate address below: GLO (For Posts Detive ‘Texas General Land Office P.O. Box 12873 Austin, TX.78711-2873 Attention: Deputy Commissioner, Human Resources GLO (for Hand delivery) Texas General Land Office 1700 North Congress Avenue, Rr. 730 Austin, TX 78701 Attention: Deputy Commissioner, Human Resources Eapvover " i: Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by waiten noice to the other party as herein provided. StaNNTURE PAGE FoLLowsSIGNATURE PAGE FOR SEPARATION AGREFMENT AND RELEASE OF CLAIMS ‘THE UNDERSIGNED AGRE TO, AND ACCEPT THE TERMS SET FORTH IN, THIS AGREEMENT, AND EXECUTE SUCH AGREEMENT VOLUNTARILY AND WITH FULL [UNDERSTANDING OF ITS CONTENTS, Deputy Land Coramissionce Printed Name: Ltterae! Susmphe Duteofoveion: [pli Dav otexceuion, //ie, Jee? [REMAINDER OF PAGE INTENTIONALLY LEFTBLANK