March 2 , 2022 Revised March 10, 2022 Adrian Jones 2842 SW 149 Place Miami, FL 33185 Dear Mr. Jones : This letter sets forth the terms and conditions of the separation of your employment with Florida International University (FIU or the University). This letter, when signed by you, will constitute a binding and enforceable agreement (the Agreement). This letter is important, so you should read it carefully. As explained below, by signing this Agreement, you will be waiving certain rights and releasing Florida International University and The Florida International University Board of Trustees and relate d entities of all claims, known and unknown, in exchange for certain payments and benefits to which you would otherwise not be entitled. You are advised to consult an attorney of your choice before signing this Agreement. You should sign the Agreement only if you are doing so voluntarily and with a full understanding of this Agreement and your rights. Your employment with the University ends March 2 , 2022 (the Employment Separation Date). You have agreed to resign effective on the Employment Separation Date. Attached and incorporated by reference is your letter of resignation which FIU hereby accepts. 1. In consideration for execution and performance of this Agreement, you will receive the following payments and benefits which you understand and agree that you are not otherwise entitled to receive, less applicable taxes, to be paid the first full pay period following the Revocation Period referred to in this Agreement: a. FIU will provide you thirty - nine weeks of notice, which is app roximately one hundred seventy - nine thousand, three hundred ten dollar and thirty - four cents ($179,310.34) b. FIU will provide you with twelve months of COBRA family coverage which is approximately twenty - two thousand, four hundred twelve dollars and forty cents. 2. In exchange for consideration described in this Agreement, you hereby release and forever discharge the State of Florida, the Florida Board of Governors, The Florida International Universi ty Board of Trustees, and their present and former directors, officers, shareholders, members, trustees, agents, employees, predecessors, successors and assigns (collectively FIU ) from any and all claims, demands or liabilities whatsoever, whether known or unknown, which you ever had or may now have against FIU , from the beginning of time to the Employment Separation Date, including, without limitation, any claims, demands or liabilities in connection with your employment, including wrongful termination, br each of express or implied contract, unpaid wages, or pursuant to any federal, state, or local employment laws, regulations, or executive orders prohibiting inter DocuSign Envelope ID: 8D54A15F-DFF6-4C7B-8A6B-D611D5A1A681 DocuSign Envelope ID: 4C4E4680-0DE5-4AEC-AEF8-9FB1B5CD4E26 Page 2 of 3 alia , age, race, color, sex, national origin, religion, handicap, and disability discriminati on, such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Florida Whistleblower Act, the Florid a Civil Rights Act of 1992, the Family and Medical Leave Act, the Florida and Federal Constitutions, and any and all other federal, state, and local laws and regulations prohibiting, without limitation, discrimination in employment, retaliation, conspiracy , tortious or wrongful discharge, breach of an express or implied contract, breach of a covenant of good faith and fair dealing, intentional and/or negligent infliction of emotional distress, defamation, misrepresentation or fraud, negligence, negligent su pervision, negligent hiring or retention, assault, battery, detrimental reliance, or any other offense. This Agreement does not waive rights or claims that may arise after this Agreement is executed. 3. Nothing in this Agreement constitutes an admission tha t FIU breached any agreement, acted improperly, or violated any laws or rights. 4. You agree that you will not communicate to any person(s) or entities any information or opinion which could be construed as a negative comment about FIU or any of its present or former officers, directors, trustees, employees, agents, or representatives, or which may have the effect of placing said parties in a negative or unflattering light. You also agree not to criticize or make any disparaging or defamatory remarks about F IU or any of its officers, directors, trustees, employees, agents, or representatives. 5. You acknowledge that violation of the above paragraph 4 may give rise to irreparable injury to FIU, inadequately compensable in damages. Accordingly, FIU may seek and obtain immediate injunctive relief against the breach or threatened breach of the foregoing, in addition to any other legal remedies which may be available, and which legal remedies are not waived by FIU’s seeking injunctive relief. You acknowledge and a gree that the covenants contained herein are necessary for the protection of FIU’s legitimate business interests. 6. FIU agrees that it will respond to all third - party inquiries about you, to the extent that such inquiry is properly directed to FIU’s Human R esources Department, in accordance with its policy of providing only the dates of employment and the position you held. In the event that a third - party inquiry is directed to your current FIU supervisor, she will redirect the inquiry to FIU’s Human Resour ces Department which will respond in accordance with its policy as described above. You understand that you are not eligible for re - hire at FIU. By signing this Agreement, you agree that you will not apply for, or otherwise seek or accept, employment or re - employment with FIU in any capacity. In the event that you apply for or otherwise seek employment with FIU, you will have materially breached this Agreement and will be required to immediately repay to FIU all payments that have been made under this Ag reement. FIU will comply with the requirements of Chapter 119 of the Florida statutes if any public record concerning you is requested. 7. You agree that you are signing this Agreement freely, knowingly, voluntarily and after having had an opportunity to co nsult with your attorney. 8. You have up to twenty - one (21) days within which to consider whether to execute this Agreement. You may voluntarily take less than the twenty - one (21) day period to accept this Agreement. You have the right to revoke this Agreement within seven (7) days of its executio n (Revocation Period). The University cannot waive the Revocation Period. It is specifically understood that this Agreement shall not become effective (including providing any payments described in this Agreement) or enforceable until the Revocation Peri od has expired. 9. If you want to revoke this Agreement, written notification of such intent must be received within the Revocation Period. Notice of revocation should be sent via email to elpagnier.hudson@fiu.edu and DocuSign Envelope ID: 8D54A15F-DFF6-4C7B-8A6B-D611D5A1A681 DocuSign Envelope ID: 4C4E4680-0DE5-4AEC-AEF8-9FB1B5CD4E26 Page 3 of 3 U.S. regular mail or hand delivered to El pagnier Hudson, Senior Vice President, Division of Human Resources, and Vice Provost of Diversity, Equity, and Inclusion, Modesto A. Maidique Campus, PC 224, 11200 S.W. 8 th Street, Miami, Florida 33199 10. You acknowledge that this Agreement sets fort h the entire agreement between you and FIU and supersedes and renders null and void any and all prior or contemporaneous oral or written understandings, statements, representations or promises. This Agreement may not be modified or amended, and no provisio ns of this Agreement may be waived, unless such modification, amendment, or waiver is contained in a written document executed by both parties hereto. This Agreement is made and delivered in and will be governed by and construed in accordance with the app licable laws of the State of Florida, and if any term or part of this Agreement is determined to be invalid, illegal or unenforceable in whole or in part, the validity of the remaining part of such term or the validity of any other term of this Agreement w ill not in any way be affected. 11. The parties agree that any claims or disputes relating to or arising out of this Agreement, including but not limited to this Agreement’s meaning, interpretation, application, and effect, shall be brought in a court of comp etent jurisdiction in the State of Florida. 12. This Agreement may be executed and delivered by facsimile or electronic signature by any of the parties to the other party to the extent permissible under Florida law. A facsimile or electronic signature shall have the same legal force and effect as an original signature and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or electronic signature as if the original had been received. Accordingly, in the event of a facsimile or electronic signature, the party providing such signature need not produce an original, executed copy of this Agreement in order for the Agreement to become effective. 13. This Agreement must be executed and received by FIU on or before Frida y , March 31 , 202 2 , by 5:00 p.m. The executed Agreement must be delivered to El pagnier Hudson, Senior Vice President, Division of Human Resources, and Vice Provost of Diversity, Equity, and Inclusion, Modesto A. Maidique Campus, PC 224, 11200 SW 8 th Street, Miami, FL 33199. If Agreement is delivered by email, it must be sent to elpagnier.hudson@fiu.edu . If the executed Agreement is not received by 5:00 p.m. on Friday, March 31 , 2022 , the Agreement sha ll be void and have no effect. In witness whereof, the undersigned parties have executed this Agreement as of _____________, 202 2 THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES Adrian Jones El pagnier K. Hudson Senior Vice President of Human Resources and Vice Provost of Diversity, Equity, and Inclusion DocuSign Envelope ID: 8D54A15F-DFF6-4C7B-8A6B-D611D5A1A681 DocuSign Envelope ID: 4C4E4680-0DE5-4AEC-AEF8-9FB1B5CD4E26 3/15/2022