UTAH STATE UNIVERSITY RELEASE OF LIABILITY AGREEMENT EMPLOYMENT In consideration of employment severance package specified below, I hereby covenant not to sue and do release Utah State University, its employees, agents, trustees, and volunteers (hereinafter referred to as Releasees) from any and all liability, claims, demands, and action whatsoever related to or a as a result of my employment at Utah State University. Representation. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Release Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statement, or inducements, apart from the foregoing written agreement, have been made; I am fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Furthermore, I understand that by signing this agreement, I understand that I am not entitled to any additional compensation in any form other than as specified below. Furthermore, I acknowledge that I have been advised to consult an attorney before executing this agreement. Entire Agreement. This agreement embodies the entire agreement between the employee and Utah State University. There are no other representations, promises, agreements, conditions or understanding, either oral or written, between them other than are set forth herein. No subsequent alteration, amendment, change or addition to this agreement shall be binding upon either the Employee or the Releasee unless reduced to writing and signed by both parties and by direct reference therein made a part hereof. Default. If either party defaults in any of the covenants or agreements herein contained, the defaulting party shall pay all costs and expenses, including reasonable attorney’s fees incurred by either party in enforcing its rights arising under this agreement, whether incurred through legal action or otherwise. Arbitration may be used if agreed to by both parties. Binding. This agreement shall be binding upon and insure to the benefit of the parties hereto, their agents, successors and assigns. Force Majeure Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Governing law. This agreement shall be construed pursuant to the laws of the State of Utah. Utah Governmental Immunity. Please be advised that this Agreement does not constitute a waiver of any of the provisions or requirements of the Governmental Immunity Act, Utah Code Ann. 63G-7-101 et seq, nor does it confirm or verify the sufficiency of the claimants notice of claim as required by that Act. Revocation – This agreement may be revoked by either party within seven days after it is signed. The revocation must be in writing. All consideration is to be returned to the appropriate party at the time of revocation and finally, the party exercising the right to revoke the agreement has the burden of proving that the revocation was delivered to the other party within the seven days allowed. Severance Package Description: Severance Date: Employee: (signature) (date) (signature) (date) Employer: