SETTL EM ENT AGREEMENT AND RELEASE THISAGREEM ENT is made by and betwee'i theTeed'Ier Retirement ?rstem of Texas (TRS) acting through its undesigned dgnated repraentative and Tina Genes for themselves and on behdf of their raaective mgns, heirs, represe'itaiyes, and age'rts, subject to the following terms and conditions In consideration of the terms and conditions and mutud agreemens stated herein, the pati? agree as fol lows: The patties agree that, by erecution of this agreement, Tina Carries hereby tenders her resignation from errploymeit with TRS, such resignation to beccmeeffectivess of the close of busim on November 1, 2014. For the consideraion of submitting her resignation and other valuable consideration, including the contained herein, TRS hereby sgrea to continue to employ Tina Canes under the terms and conditions set forth herein, from April 29, 2014 through the effective date of resignation. TRS will make all my and required deductions including but not limited to, a'nomts forthe TRS federd income tax, and sooid security tax from this amount in compliance with anplicdale laws, mwell any other types of werein effect with regard to Tina Canes? satay from TRS for the month of April 2014. The parties arse the Tina Canes will remain on payroll and beginning April 29, will be placed'on leave with pay by the Execlniye Director until the close-of business on the effective detect rgnaion, with Tina Carla receiving her current salary (ladeductions in compliance with applicdaie laws and this agreement) and benefits unless specifically set out differently herein. In accordance with state law 3101 TRS policy, Tina Canes will be compen?led for any unused, accrued vacation lace, but will not amue additions! leave of any type after April 29, 2014. The pertiafurther areethat at dl times Tina Canes is entitled to seek and to accept other enployment, and that the acceptance of other employment not abeteor cancel her right to remain on the payroll of TRS through Noye'nber 1, 2014. In the eyeit that her is with another state employer, TRS agrees to repraent, when allowed and in compliance with state law and TRS policy, that Tina Canes continued TRS enploymeit benefits TRS and that there is no mnflict with the position she holds with TRS and to make other reesonablee?fort to ensure continued payment through the date of red gnation. The parties ag'eetha?. at all timeswhilesheise'rployed by TRS, Tina Carneswill adhereto all employee policies in a manner consistent with the expectations held by TRS for enployees The parties agree that after with TRS ends on Noye'nbe' 1, 2014, TRS will provide a re?erence as outlined in the TRS re?eeme policy. Speci?cally, unla otherwise required by law, without written authorization from the employee, TRS releases only information about a wrrent or fonner m?ployees employment that is subject to disclosire uncle'the Publielnfca'rretionA'ct; The patia agree that after with TRS ends on November 1, 2014, Tina Canes will conduct herself in acoordmce with all rules governing an attorney licensed in Texas Specifically. but not limited to, regacing confidential information, as defined by the Texas Disciplinary Rulesof Prof?iond Conduct, Tina Carneswill adheretothefollowing: A- lawyer shall not knowingly: (1) Revesl confidth information of a client or aformer client to: a person that the client has instructed is not to receive the information; or (ii) myone else, other than the client, the client?s rearesmtatives. or the members, associates, or enployeesof the lawyer?s law firm. (2) Use oonfideatid information of a client to the-disadvantage of the client unless the client consents after consultations (3) Use confidential information of a former client to the disadvantage of the former client after the reprasntation is oonduded unl?theforme' client consents a?ter ocr'rsultstion or the confidential information has become gene'dly known. (4) Use privileged information of a dimt for ?1eadvmtegeof the lawyer or of athird person, unl?theclient consents after consultation. In consideration of continued employment stated in Item 2 and other good and valuable oonsiderstion, the srffidency of whid1 is hereby acknowledged, Tina Calm hereby waives relates. acquits, indennifies, holds harml? and forever discharga TRS, the trust ?nd, its past, present, and future trustees, erployees, represe'Itatives md age-its, in their officid and incividust cmecitia ?'om at obligations demuzls, cia'ms, expel-15, of action. damages, and liability of whatever nature. whether in tort or in contract, in equity, at oomnon law, or by virtue of my civil rights or other federal or state constitution, lav, regulation, or mletha was raised by Ms Carla or could have been raised by her and arising from or regarding her employment with TRS. Ms Canes agres not to sue TRS or the fund, its past. present, and future tmstees, employees, representatives, or agents in their official or individual cmecities related to her- ei-?nploynm with to psrticipste, unless required by law, in my federd or state judicial or my fede'al or state administrative proceacing against TRS or its trustees, emoyees or mentsin their official or individuat capacities related to her employment with TRS. The parties hereto expr?ly acknowledge and mree that nothing in this Agree'ne'rt is meant to we've. relemor ettinguish my right on thepm of either paty heretoto file a lewsJit to enforoethisAgreemem md to seek to recover my and ail dm'isgescsussd by my brea?t of this Agreement. Howerer, prior to and as a condition precedent to the institution of my such legal proceeding, the parties hereto agree to attempt to raolve my dispute arising from or with regard to the interpretation or perfonnmoe of this Agree-hen through non-bi riding mediation presided over by a mediator n'utuelly aoomtdole to the parties AS NOTED ABOVE, THIS AGREEMENT TO ENGAGE IN NDING MEDIATION IS INTENDED BY THE PARTIES TO THI SAGREEMENT TO BE AND IS I FACT A CONDITION PRECEDENT TO THE FILING OF ANY CLAIM OR DISPUTE INVOLVING THE INTERPRETATION OR PERFORMANCE OF THIS AGREEMENT. 10. In case any provision in this Agreement snail be invalid, iliegd or unenforceable, the vdidity, legality and of the ran-airing p'wiscns shall not in any way be satis?ed or impaired thereby and such provision shall beine?fectiveonly totheettent of such invsiicity, illegdity or Hmeirer, if inclusion of any term of this Agreement is proribited cr voided by applicable law or regulation, the Agreement she? be red without such term and be deemed to have been written and entered into without suchterm. 11. Tina Canes further agrees in ccnsidestion of continued ermloyment stated in Item 2 and other good and vaiusble consideaicn that shewill not apply for re-employment with TRS at any time in thefuture. 12. The paties sgre that this agreement does not constitute an admia?on of liability by either side, dl liability being e