RESIGNATION AND RELEASE AGI WHEREAS, through this Resignation and Release Agreement (hereafter “Agreement”), Kathleen Bennett (herafter “Kathi Bennett”) desires to unconditionally and irrevocably resign from her employment as Head Coach of Women’s Basketball in Intercollegiate Athletics (hereafter "Athletics"); and WHEREAS, the Board of Trustees of Northem Illinois University (hereafter “University” “Board” or “Employer”) acting in furtherance of the interests of Northem Illinois University, desires to accept the unconditional and imevocable resignation of Kathi Bennett from employment; and WHEREAS, Employer and Kathi Bennett may be jointly referred to in this Agreement as the Parties; and WHEREAS, insofar as applicable law allows, the Parties are desirous of protecting the privacy and confidentiality of any agreement between them; NOW THEREFORE, based on the above recitations, and the other considerations described in this Agreement, Kathi Bennett and the Employer agree as follows: 1. Resignation and Implementation. By signature of this Agreement, Kathi Bennett hereby submits her tender of unconditional and irrevocable resignation. By signature of its Designee on this ‘Agreement, the Employer immediately accepts Kathi Bennett's tender of her unconditional and irrevocable resignation. The implementation date of the tendered resignation shall be April 30, 2015; at which time, Kathi Bennett will completely separate from employment from Norther Illinois University, thereby terminating all employment rights, responsibilities, and associated benefits. From the date of execution of this Agreement to April 30, 2015, Kathi Bennett shall not have any assigned duties or responsibilities and is not permitted to act on behalf of the Univeristy in any capacity. Kathi Bennett agrees to promptly and timely return to the Employer all University property in her control and possession, including but not limited to, keys, resources/data, laptop(s) or other computing devices, phone(s), records, files, correspondence, p-cards and equipment that are the property of the University, and any other property issued to her and in furtherance of all of her delegated duties and responsibilities as an employee of Employer, including but not limited to her employment as Head Coach of Women’s Basketball. 2. No Future Employment with Northern Minois University. Kathi Bennett acknowledges that she will not be eligible for future employment at Northem Iilinois University and covenants she will not apply of seek future employment with Northern Illinois University. 3. Emplover Consideration. Employer agrees and covenants to implement this Agreement in accordance with its terms. Kathi Bennett shall receive her regular University payroll payment based upon her employment until April 30, 2013. Thereafter, Employer agrees to compenstate Kathi Bennett an amount equivalent to the remainder of fiscal year 2015 (from April 30, 2015 to June 30, 2015) under the terms and conditions of her Employment Agreement with the University. Also, Kathi Bennett will be compensated the equivalent of eighteen (18) months of her salary, as described in the “buy out” terms of her Employment Agreement with the University. Final payment of this compensation is to be made by Employer no later than May 15, 2015. 4. Confidentiality of Internal Operations. Kathi Bennett agrees and covenants to not discuss either internal operations nor personnel matters related to the Employer, Athletics, or any other internal University department thereof with other NIU employees, media reporters, the public, former employees,future employers, or any other third party. This provision may be amended by express, written agreement of the Parties in the event that Kathi Bennett or the Employer discovers the need to disclose to others. This provision does not apply to voluntary cooperation and communications with official processes and procedures of Northern Illinois University that may arise in the future. Kathi Bennett agrees and affirms that this confidentiality provision is material to this Agreement, and a breach of this provision entitles the Employer to damages including, but not limited to, all appropriate damages awarded by the court, and all costs and attorney fees incurred with recovering the amounts paid. The Parties understand and agree that the Employer may be also requested or compelled by law to disclose the existence and content of this ‘Agreement. In such an event, the Employer reserves its right to assert any and all appropriate defenses or remedies in response {0 such a request or compulsion, and this Agreement does not act as any waiver of such available defenses or remedies provided under the law. In the event the University receives a request from a third party for a copy of this Ageement, the Employer agrees to provide Kathi Bennett with reasonable notice of that request before complying. In the event that Kathi Bennett receives a request from a third party for a copy of this Agreement, Kathi Bennett agrees to give Employer reasonable notice of that request. 5. Non-Disparagement. The Parties jointly further agree and covenant that they will not, directly or indirectly, individually or in concert with others, engage in conduct or make a statement that is calculated or likely to have the effect of undermining, disparaging or otherwise reflecting poorly upon the other, including upon the reputation of NIU, or its good will, products, or business opportunities or that is in any manner detrimental to NIU and/or its officers, employees, agents, student athletes or representatives, past or present, or Kathi Bennett, 6. Bull Settlement and Mutual Release by Parties. Kathi Bennett and Employer agree this Agreement settles for all time any and all real or potential claims, grievances, charges, demands and/or causes of action either party might have against one another for any and all reasons existing on the date of its execution. ‘As part of the consideration provided in this Agreement, Kathi Bennett, her heits, executors, administrators, employers, agents, representatives, insurers, and attomeys, to the fullest extent allowed by law, do hereby release and discharge Northern Illinois University, its Board of Trustees, any NIU Gepartment, administrative unit, student athlete, cooperating student organization ot extemal entity and their respective officers, employees and agents from any and all grievances, actions, hearings, claims, complaints, charges, causes of action and demands whatsoever that may now exist on her behalf or that she conceivably believes could exist as a result of, or in the course of, her employment with Northern Illinois University. Kathi Bennett also understands and agrees that Employer, in consenting to this Agreement, neither waives its sovereign immunity, public official’s immunity, nor other protections or defenses of the U.S. Constitution, federal law, the Illinois Constitution, Illinois law, or other applicable law, including but not limited to the Mlinois Lawsuit Immunity Act, Illinois State Employee Indemnification Act and the Illinois Court of Claims, As part of the consideration provided in this Agreement, Employer, to the fullest extent allowed by law, do hereby release and discharge Kathi Bennett from any and all grievances, actions, hearings, claims, complaints, charges, causes of action and demands whatsoever that may now exist on Employer's behalf or that Employer conceivably believes could exist as a result of, or in the course of, her employment with Northern Illinois Univers7. Consultation and Voluntary Agreement. Kathi Bennett agrees and confirms that she has had the opportunity to consult with any advisors she may deem appropriate regarding this Agreement before agreeing to its terms and conditions. Kathi Bennett warrants that: she is exercising personal free will in agreeing to all the terms and conditions of this Agreement; she is of legal age, sound mind, and legally competent to execute this Agreement; and she accepts full responsibility therefore. 8. Amendment. This Agreement may not be amended except upon mutual written consent of the Parties. 9. Governing Law. The law governing this Agreement shall be that of the State of Mlinois 10. Severability. If any portion of this Agreement is adjudged void by a court of competent jurisdiction, the remaining portion shall continue in full force and effect. Il, Entire Agreement. This Agreement constitutes the entire agreement between the Parties and there are no other representations, or agreements made between or amongst them other than those contained specifically herein. This Agreement becomes effective on the date when both Parties have signed and executed the Agreement. EMPLOYEE ACCEPTANCE: THE UNDERSIGNED HAS READ THE FOREGOING RESIGNATION AND RELEASE AGREEMENT AND FULLY UNDERSTANDS AND AGREES TO IT. The foregoing statements, offers, terms and conditions are ACCEPTED by Kathi Bennett, and this is signified by her signature below on this 955 _ day of fa +2015. —— Kathi Bennett EMPLOYER ACCEPTANCE: ‘THE UNDERSIGNED HAS READ THE FOREGOING RESIGNATION AND RELEASE AGREEMENT AND FULLY UNDERSTANDS AND AGREES TO IT. The foregoing statements, offers, terms and conditions are ACCEPTED by Employer, through its Designee, and this is signified by his/her signature below on this_2@ day of PIL. 52015. Board of Trustees Northern Ilinois University Signature: Designee for the Board of rastecs (Rest of Page Intentionally Left Blank)