SETTLEMENT AGREEMENT AND RELEASE, ‘This Settlement Agreement and Release (“the Agreement”) is made as of April 24/"5009 by and between Daniel Foster (“Mr. Foster”) and the following thirteen individuals, who are SA suden(s") members of the Tufts Korean Students Association (* a WHEREAS, Mr. Foster and the KSA students are students at Tuft University: WHEREAS, in the early morning hours of April 9, 2009, Mr. Foster accosted the KSA. students in the common area of Lewis Hall, where they were practicing for a dance performance; WHEREAS, Mr. Foster made racial and ethnic slurs directed at the KSA students and said, “I'm going to kill you all”; WHEREAS, Mr. Foster wishes to make amends to the extent such is possible for his inappropriate, offensive, and hurtful behavior, and all parties wish to resolve this matter without litigation or other proceedings; NOW, THEREFORE, in consideration for the promises contained herein, the adequacy of which is hereby acknowledged, the parties to this Agreement hereby agree as follows: 1. Upon execution of this Agreement, Mr. Foster shall cause to be published in the Tufts Daily a signed apology which has been reviewed by the KSA students and/or their representatives; 2. Mr. Foster agrees that he will not join a fraternity for the duration of his undergraduate career at Tufts. 3. Mr. Foster agrees to request that Tufis University place him on Suspension status for the first semester of the 2009-2010 school year in accordance with the Student Judicial Process handbook 4. Mr. Foster agrees that during his probationary period, he will address issues of alcohol abuse by enrolling in and attending Alcoholic Anonymous sessions. He shall also enter or continue treatment with a therapist and to follow any recommendations for treatment made by said therapist or mental health counselor. He will also enroll in anti-bias/anti-hate courses sponsored or recommended by the Anti-Defamation League, Facing History, the Southern Poverty Law Center, or other similar organizations which provide sensitivity training and education on issues of racism and bias.5. The parties represent and warrant that they have not filed and will not file any complaint, charge, or claim for relief based upon or arising out of any conduct through the Effective Date of this Agreement. 6. In consideration of the promises contained herein, the adequacy of which is hereby acknowledged, the parties acknowledges and agree that this Agreement is a complete and final settlement of any and all causes of action, rights. or claims that they may have had, now have, or ‘may have against each other from the beginning of time to the Effective Date of this Agreement. In consideration of the promises contained herein, the adequacy of which is hereby acknowledged, Mr. Foster and the KSA Students for themselves and their successors, assigns, agents, employees, or any individual or entity acting on their behalf, hereby release, remise, and forever discharge each other from any and all debts, demands, actions, suits, accounts, covenants, agreements, damages, expenses, compensation, claims for attorneys” fees, and any and all claims, demands, and liabilities whatsoever of every name and nature, administrativ judicial or otherwise, both in law and equity, which against each other or any of them they may have or ever had from the beginning of time to the present date, including without limitation any and all claims arising from or based upon the events of April 8-9, 2009. This release includes but is not limited to a release of all claims or rights under Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code; the Massachusetts Antidiscrimination Laws, G.L.c. 151B§$1-10; any other federal, state or local human or civil rights law; and under every other local, state or federal law, regulation or ordinance and/or public policy, contract, tort or common law which either party ever had, now has, or may have through the date of this Agreement. 7. In signing this Agreement, the parties each acknowledge and agree that they have read the Agreement and understand its terms, and that they are entering into the Agreement knowingly, voluntarily, and without coercion of any kind, Each party has had the advice of counsel of their choice throughout the negotiation of this Agreement, and each has reviewed its provisions carefully. 8. The parties intend this Agreement to be the final expression of their Agreement and a complete and exclusive expression of its terms. This Agreement, which is deemed to be a contract under seal, may be amended or modified only by a written instrument signed by the parties. The Agreement shall be binding upon each of the parties, their successors and assigns, and anyone claiming by, through, or under them. In the event any provision of this Agreement is declared or determined to be illegal or invalid, the validity of the remaining parts, terms, or provisions will not be affected, and will be enforceable and enforced to the fullest extent possible, Any such illegal or invalid part, term, or provision will be deemed not to be a part of this Agreement. 9. In the event of a breach of this Agreement, the nonbreaching party shall be entitled to seek any and all remedies available. 10. This Agreement may be executed in any number of Counterparts, each of which is deemed to be one and the same instrument,IN WITNESS WHEREOF, the parties have set their hands and seals on three counterparts of this Agreement on the dates set forth below. MF — ANIEV FOSTER