GENERAL RELEASE AND SEPARATION AGREEMENT ‘This Genet Release and Separation Agreement (the “Agreement) is entered into by and ‘perween Dr. Steven Leah (“Employee”) and Aubuen University (dhe “University” or Auburn”) (Pan or artis” effective as of the lst date executed (the “Ffective Dat”). 1. RECITALS WHEREAS, Empl 2017 employer gcc is mpoyed as University President under the terms of a March 20, mapper Appecinn)wd WHEREAS, Fimplyee and Universgy wish co terminate che Lmployment Agreement effective June 21,2019 Resignation Date”); and WHEREAS, the Parsicscesee « mutually beneficial tanstion of Employee's duties and an amicable resoltion of any outstanding matters related to Fyployer’seamployment with University: 1, AGREEMENT NOW, THEREFORE, in consideration of the above-resitas and the covenants and sgreements contained hetciafcy, the University and Fmployee agree to the Following terms for ‘etement ofall known an unknowe ems 1. tn consideration forthe setdement and sleaes herein, the following shall ake place in the sime and manner debe: 14 imployce wll be paid his regular sary an benefit through the Resignation Date, 1. University wil provide to Employes is executor, bets, administrators or assigns, ‘thee equal payments in an amount totaling Four Mion Five Hundred Thousand and (0/100 Dots ($4,509 00.0) (he “Separation Payment”). ‘The Separation Payment shall be disbarsedi thtce equines of $1 500,000.00 with the fs installment ‘made within three (3) business day of fll execution of dhe Separation Apreement; the Second instlent robe made on July 1, 2020 andthe third inwtallent to be made ‘mn Jly 1, 221. The Separation Payment wll be pid s supplemental wages, subject, to taxes and withholdings applicable atthe time ofeach installment. "The Separation Payment i intended to and docs include and incorporate any and all payments to ‘which Employee would otherwise be ented under University poly, including but ot limited to payments for acracd but unused sick Ive and anual lave, and Employee rkases any cm to such payments in consideration ofthe Separation Payment .&Any expenses Employes has incurred on behalf of the Universi or ia hi expacity as ‘Univesity employee through Jane 2, 2019, shall be reimbursed in accordance with University poiy.Kmployce may not incur addtional expenses on behalf of University erin his capacity a8 4 University employee without the psior writenapproval ofthe President Pro ‘Tempore of the Board of Trustee (President Pro Tempore) Finploye wil have no oficial Univer espns after June 21, 2009, xcept asotherwisespecifialy uted in this Agreement. Asch, Employee shal mt we University inte aces codec ot hye to aecns any University caps, fies cor property bony pepene other hn av neste thee national lopsties des in Paragraphs. 16) 1), 1, ad (9) ofthis pec, oF cahersse ected by the President Po Tempore ot University Chie! Operating, Oitteer COO") ‘On ot before June 28, 2019, Employ shall provide to the President Pro Tempore sand COO ist of any evens engagements, of travel that he is currently scheduled to ‘tend in hisoffcial University capacity as wel a alist of al eommites, boards, or ‘ther oanations with which Employee hol pesition or association asa esl of his tervice a President of Auburn University. Employee shall flow the dretion of the Presiden Pro Tempore and/or COO regain how to eaned full, or transition such obligations in the best attest of University, implyse stall cooperate with Univesity in connection with it departne ax rcinnably requested by Universi, inluing but not limited Yo eooperting to ‘emma uch tation to current and former University employee rates, subject to te linitations pond by this Agreement plone shal be available, “pon rasomble note, to repond to gueatons and provide ssstunce to University ‘znd ters for which he was response snl aout which he bad knowledge in connection mith is employment wih Univer or any afte enti. Taploye sho shal cooperate it ay potas or ending ation or oder anit Drocceing inca, ft oe Unite ty intemal University iavetigtion and/or ffioance poceeting, invenigations by sate oF ede ageie Inca the Department of eatin, gal Employment Opportunity Commision et) that tay iovolve him in any capacity as result of hv Univesity employment This ince, fwccesry mocting at tally eoneeien times with Univer cousl, fending, mectgs, depontons ana, and providing tual testimony. Univers alla llespensesncuredbyEinploye in connesion wih Employee's onpertion as proved in this Paragraph, inching bu ot ited to tavel and longing an tothe exten applica shal provid egal representation to Empyee im accordance with Pragaph 6 As put of the presidental transition, Lmployce shall move out of the Presiden’: Home at 48 South College Steet, Auburn, Alabama (*Presiden’s Home’) on or ‘before July 31, 2019._ Aer June 28, 2019, Employee may acces only the private residence portion ofthe Preidea’'s Home, except with express permission of the President Pro Tempore and/or COO. Prior to Employee moving out of the Presden’s Home the University may use che public portions ofthe fit fr official University busines or otherwise atthe discretion ofthe University Emyployce nay retain the IT devices listed on Exhibit Ato this Agreement. Employee willbe respunsible for paying any taxes asciated with the valve of such devi. Onor before Je 28, 2019, Himploye shall return all ther University property in his posession, whether operational or not, to the COO, Such property specifically Includes, bu is aot Limited to, keys 10 University propery (xcept the President's Home, in ascordance wih Patagsaph 1(h), access eats, University ientifeation cards athletes event and facility credentials, eomputers, ella phones, tablets, and tl oer eletonie devices. This so inclades University electronic and bard copy files, removable drives containing University is or infornation, or other University dia storage units Afer june 28, 2019, Employee shall aot access any University ‘ystems o other University fies except as required to Fall the tems of this DAygecnnst eerie caeued by dhe President Pao Tne, Chit Operating ‘Officer, or Uiversiy General Counsel “To the extea dhe Employment Ageeement rants Employee tenured faculty status, Employee immediately and affmauvely ringushes his tenured status with Univer, eluding all property and due process rights afforded tenured faculy ‘members by University poiy and applicable state and/or federal law. Employee lindertands and agree that by exceuing this \groement, he hat affematively felingushed his tenure and any faculty termination provisions of the University Faculty Handbook or other University Policy are inapplicable. Al due process contained whi this Agreement. [Employee presents and warrants that he has not commenced any grievance, claim, chat, oration ia state or Feeral court of dough ay state or federal agency, oF tough any internal University proces, against the Universy or any University Releases. TFmployee eprescats and warrants that he knows of no conduct by 4 Universiy ployee or fiat tht iin volaton of rls, regulations, policies oe procedures of ny state, folerl or other governing body of which Aubuen University isa member fr to which Auburn University abject Ghaing but not Kimited tthe National Collegiate ihletice Assocation (NCAA), the Commission on Colleges of the Southern Association of College and Schools (SACSCOO), the Southessera Conference (SEQ) the Equal Employment Opportinity Commission (EEOC), the Alabama Etses Commision (ALE, dhe United States Department of Education tnnl/or ts Cie for Civil Rights (OCR), te. (lleetvey the “Governing Bodies"), tn of which the University oe an appropeite University department is not already swear. In the event Fimploye is aware of such information, Employee agrees tdacloe such information tothe Universi General Counsel on or before June 28, 2019. In theevent Employee becomes aware of sch information afer june 2%, 2019, Employee apees to diaclose such information, in wing, tothe University's Genera Counsel as oon 3 reasonably practicable, but ao lat than Gfteen (15) days after ‘becoming avare of such information, [Emplayse presents and warrants that he does not owe any money the University. aplanee apres and warrants that dhe Univesity has ao ther obligations to make any paymen’ of any type to him or for him, othe than the payments ented in his ‘Agreement,