SETTLEMENT AGREEMENT This Settlement Agreement (‘Agreement’) is made and entered into by and among KIMBERLY PARKER (‘Plaintiff) and THE REGENTS OF THE UNIVERSITY OF COLORADO, (the “University’), (collectively, the “Parties"). This Agreement includes all exhibits attached hereto. RECITALS A. _ Plaintiff filed a lawsuit in the United States District Court for the District of Colorado. The lawsuit is designated as Civil Action No. 15-CV-02173-CBS (the “Civil Action"). The University and the individual defendant deny liability under all of the asserted claims, B. The University and Plaintiff have agreed that it is in their respective best interests to enter into this Agreement and to settle and resolve all claims which have been raised, or which could have been raised against the University, in the Civil Action. AGREEMENT 1. Settlement Amount. The University will pay a total of $80,000 to fund this settlement. The settlement check will be made payable to Sweeney & Bechtold LLC. In addition, the University agrees to pay the cost of the mediation at Barr ADR. 2. Job assistance. For 12 months from the execution of this Agreement the University agrees to provide Plaintiff with certain assistance in finding employment. Specifically, if Plaintiff identifies a particular position at one of the CU campuses, the University, through its counsel will provide Plaintiff with available public non-confidential information about the job. The University will also, if requested by Plaintiff, advise the hiring committee: (1) that Parker was employed from 2006 until 2015 and that her last position was a temporary contract position on the Boulder Campus that ended in 2015; (2) that Parker is eligible for rehire; and (3) that Parker left through no fault of her own. None of the assistance provided by the University will in anyway provide Plaintiff with a competitive advantage over any other applicant for any job she might apply for. 3. Release by Plaintiff. Plaintiff, on behalf of herself, her heirs and assigns, and all other persons claiming under her, hereby releases and forever discharges the University, and its current and former employees, including specifically Jeffrey Luftig, in his official capacity only, of and from any and all liabilities, claims, damages, and causes. of action of whatsoever kind, whether known or unknown, which are or may be based in whole or in part on any act or omission of the University, that occurred prior to the effective date of this Agreement, including specifically but not exclusively, any and all claims that have been raised, or which would have been raised in the Civil Action. The terms of this Release are acknowledged by the parties to be mutually beneficial to all Settlement A Parker v. University Paparties. Said benefits and terms of the Agreement constitute valid consideration to all Parties to this action. This release does not apply to claims against Jeffrey Luftig in his individual capacity. 4. Dismissal of Civil Action. Upon execution of this Agreement, Plaintiff and the University agree to file with the United States District Court for the District of Colorado a stipulation in the form attached as Exhibit A dismissing the Civil Action and all claims against the University with prejudice, each party to bear its own costs and attorneys’ fees. 5. Denial of liability. The parties expressly understand and agree that nothing contained herein shall be construed as an admission of liability on the part of the University or the employees or officers of the University and that they deny being obligated to Plaintiff other than as expressly set forth herein or having in any manner violated any legal rights of Plaintiff, whether constitutional, statutory or at common law. 6. Non-transfer of claims. Plaintiff warrants and represents that she has not sold, assigned, granted or transferred to any person or legal entity any claim, demand, judgment, or cause of action encompassed by this Agreement which she may have against the University in the Civil Action, and that she has not made any agreement or performed any act which would give rise to a claim by any other person, firm, or corporation against the University in the Civil Action. 7. Voluntary execution. By their signatures below, the parties to this Agreement affirm that they have read and fully understand all the terms of this Agreement. The parties further affirm that they are entering into this Agreement voluntarily and have not been threatened, coerced, or intimidated or in any way pressured into the signing of this Agreement, and have had sufficient time to reflect upon the finality of the terms of this Agreement and have had sufficient opportunity to consult with legal counsel regarding the terms of this Agreement. 8. Entire Agreement. This Agreement constitutes the full and complete understanding and agreement of the parties with respect to the subject matter covered it. There are no oral or written agreements between the parties as to the subject matter of this Agreement that are not contained within this Agreement. No addition, deletion or amendment shall have any force or effect, except as mutually agreed to in a writing signed by all of the parties. 9. No Construction Against Drafter. Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party 10. No Reliance on Extrinsic Facts. No party (nor any officer, agent, employee, representative, or attorney of any party) has made any statement or representation to any other party regarding any fact relied upon in entering into this Agreement other than those set forth in this Agreement, and neither party relies upon Settlement A versity of Color Page 2 of greementany statement, representation or promise of any other party (or of any officer, agent, employee, representative, or attomey of any other party), in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement. The parties expressly assume the risk that the facts or law may be, or may become, different from the facts or law as presently believed by the parties. 11. Tax implications. The University does not take any position or express any opinion with respect to how the Colorado Department of Revenue or the United States Intemal Revenue Service will treat any portion or all of any payment made by the University under this Agreement. The University will report any such payments on a 1099 form to the Intemal Revenue Service and the Colorado Department of Revenue. Plaintiff's counsel agrees to fil out a W-9 form and deliver it to the University at least seven (7) days prior to the distribution of settlement funds. 12. Effective date. The effective date of this Agreement shall be the last date that the authorized University officer signs this Agreement. CAUTION: READ BEFORE SIGNING BELOW | HAVE READ THE FOREGOING SETTLEMENT AGREEMENT. | FULLY UNDERSTAND THAT THIS RELEASE HAS IMPORTANT LEGAL CONSEQUENCES. | REALIZE THAT | AM RELEASING ANY AND ALL CLAIMS | HAVE OR MAY HAVE AGAINST , THE REGENTS OF THE UNIVERSITY OF COLORADO, A BODY CORPORATE, ITS EMPLOYEES, AGENTS, AND SERVANTS, IN BOTH THEIR OFFICIAL AND INDIVIDUAL CAPACITIES WITH THE EXCEPTION OF JEFFREY LUFTIG AND ANY CLAIMS AGAINST HIM IN HIS INDIVIDUAL CAPACITY, AND THE UNIVERSITY OF COLORADO RISK INSURANCE MANAGEMENT FUND ARISING FROM ALLEGED WRONGFUL ACTS THAT | ASSERTED WERE PERPETRATED AGAINST ME BY ANY OR ALL EMPLOYEES, AGENTS, OR SERVANTS OF THE UNIVERSITY OF COLORADO. | HAVE HAD THE OPPORTUNITY TO GET A LAWYER'S ADVICE. | HAVE READ THIS AGREEMENT, UNDERSTAND THE TERMS USED IN IT AND THEIR LEGAL SIGNIFICANCE, AND HAVE EXECUTED IT VOLUNTARILY. [Remainder of page intentionally left blank.] Settlement Agree Parker v. University of Colorado, et alDate: 22/ 23/206) Date: 12:28-15) Date: 12/23/2015 _ Date: /. x ef: “5 PLAINTIFF aS Az Des Hipage (Pf DEFENDANT, REGENTS OF THE UNIVERSITY OF COLORADO wy, Dub d Melee i Phil DiStefano, Chancellor of the University of Colorado Boulder APPROVED AS TO FORMBY. ATTORNEYS FOR THE PLAINTIFF ‘Sweeney & Bechtold, LLC Joan Bechtold APPROVED AS TO FORM BY. ATTORNEY FOR THE REGENTS OF THE UNIVERSITY OF COLORADO 8). I ot David P. Temple Office of University Counsel