Sallie Mae 2015 Annual Report Download - page 183

(g) I have not suffered any job-related wrongs or injuries, such as any type of
discrimination, for which I might still be entitled to compensation or relief in the future. I have
properly reported all hours that I have worked and I have been paid all wages, overtime, commissions,
compensation, benefits, and other amounts that SLM or any Released Party should have paid me
in the past, other than with respect to any benefit plan terminations or distributions authorized as
of the date of this Agreement and Release.
(h) I intentionally am releasing claims that I do not know I might have and that,
with hindsight, I might regret having released. I have not assigned or given away any of the claims
that I am releasing.
(i) If I initially did not think any representation I am making in this Agreement
and Release was true, or if I initially was uncomfortable making it, I resolved all my concerns before
signing this Agreement and Release. I have carefully read this Agreement and Release, I fully
understand what it means, I am entering into it knowingly and voluntarily, and all my representations
in it are true. SLM would not have signed this Agreement and Release but for my promises and
representations.
(5) Arbitration of Disputes: Except with respect to the proviso in Section (2)
concerning securities litigation, SLM and I agree to resolve any disputes we may have with each
other through final and binding arbitration. For example, I am agreeing to arbitrate any dispute
about the validity of this Agreement and Release or any discrimination claim, which means that an
Arbitrator and not a court of law will decide issues of arbitrability and of liability with respect to
any claim I may bring; provided, however, that either party may pursue a temporary restraining
order and/or preliminary injunctive relief, with expedited discovery where necessary, in a court of
competent jurisdiction to protect common law or contractual trade secret or confidential information
rights and to enforce the post-employment restrictions in Section (6). I also agree to resolve through
final and binding arbitration any disputes I have with SLM, its affiliates, or any current or former
officers, employees or directors who elects to arbitrate those disputes under this subsection.
Arbitrations shall be conducted by JAMS (also known as Judicial Arbitration & Mediation Services)
in accordance with its employment dispute resolution rules. This Agreement to arbitrate does not
apply to government agency proceedings, but does apply to any lawsuit I might bring, including
but not limited to any lawsuit related to a government agency proceeding. By agreeing to this
Agreement and Release, I understand that I am waiving my right to a jury trial.
(6) Confidentiality, Intellectual Property, Non-Competition, and Non-Solicitation:
Except as required or permitted by statute, regulation or court order, or pursuant to written consent
given by SLM’s General Counsel, I agree not to disclose to anyone else any of the information or
materials which are proprietary or trade secrets of SLM or are otherwise confidential. In addition,
in consideration of the Plan Benefits, I hereby acknowledge that I previously signed an Agreement
Regarding Confidentiality, Intellectual Property, and Non-Solicitation and that I continue to be
bound by the terms of that Agreement except as modified in this Section (6). Notwithstanding the