Sallie Mae 2015 Annual Report Download - page 185

of this Agreement and Release. Notwithstanding the confidentiality provisions identified in Section
4(d) of this Agreement and Release, I may disclose my SLM restrictive covenants to perspective
employers and agree that SLM may provide a copy of this Agreement and Release to my prospective
or future employers.
(7) Review Period: I hereby acknowledge (a) that I initially received a copy of the
original draft of this Agreement and Release on or before [Date]; (b) that I was offered a period of
forty-five (45) calendar days to review and consider it; (c) that I understand I could use as much of
the forty-five (45) calendar day period as I wish prior to signing; and (d) that I was strongly
encouraged to consult with an attorney in writing before signing this Agreement and Release, and
understood whether or not to do so was my decision. I waive any rights to further time to consider
the Agreement and Release.
(8) Revocation of Claims: I understand that I may revoke the waiver of the Age
Discrimination in Employment Act (ADEA) claims made in this Agreement and Release within
seven (7) days of my signing. My waiver and release of claims under ADEA shall not be effective
or enforceable and I will not receive seventy percent (70%) of the cash Plan Benefits described in
Section (1) above. Revocation of claims can be made by delivering a written notice of revocation
to Senior Vice President, Administration, Sallie Mae, Inc., 300 Continental Drive, Newark, DE
19713.
(9) I acknowledge that I have read and understand all of the provisions of this Agreement
and Release. This Agreement and Release represents the entire agreement between the Parties
concerning the subject matter hereof and shall not be altered, amended, modified, or otherwise
changed except by a writing executed by both Parties. I understand and agree that this Agreement
and Release, if not timely revoked pursuant to Section (8), is final and binding when executed by
me. I sign this document freely, knowingly and voluntarily. I acknowledge that I have not relied
upon any representation or statement, written or oral, not set forth in this Agreement and Release.
If any provision of this Agreement and Release is held by a court of competent jurisdiction or by
an arbitrator to be unenforceable or contrary to law, the remainder of that provision and the remaining
provisions of this Agreement and Release will remain in full force and effect to the maximum extent
permitted by applicable law. If this Agreement and Release is held to be unenforceable or contrary
to law, I agree to repay the Plan Benefit I received. This Agreement and Release is governed by
federal laws and the laws of the Commonwealth of Virginia.
(10) In addition, in consideration of the Plan Benefits and other consideration described
above, I further agree to cooperate with SLM, its affiliates, and its legal counsel in any legal
proceedings currently pending or brought in the future against SLM, including, but not limited to:
(a) participation as a witness; (b) drafting, producing, and reviewing documents; (c) assisting with
interviews, depositions, discovery, hearings, and trial; and (d) contacting SLM. In the event I am
requested, with reasonable notice, to travel as part of this litigation cooperation, SLM agrees to pay
my reasonable out of pocket expenses.