Sallie Mae 2015 Annual Report Download - page 202

(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
foregoing, in consideration of the Plan Benefits, I agree as follows: I shall not, directly or indirectly,
compete with SLM or its subsidiaries or affiliates for a period of [INSERT NUMBER OF
MONTHS OF BASE PAY SEVERANCE IDENTIFIED IN PLAN SECTION 3.02] months
after the date of termination of my employment for whatever reason (“Restricted Period”). For the
purposes of this Section (6), “compete” means owning, managing, operating, financing, working,
consulting, advising, representing, or providing the same or similar services with or without
compensation in any capacity as those I provided to SLM within the last two (2) years of my
employment engaged in the same business conducted by SLM at the time of my termination.
In further consideration of the Plan Benefits described above in this Agreement and
Release, I agree that for [INSERT NUMBER OF MONTHS OF BASE PAY SEVERANCE
IDENTIFIED IN PLAN SECTION 3.02] months after my date of termination of my employment