Re: ARE/FRE Rule 408 Communication

Following our phone call this morning, I reviewed that discussion with senior leadership. The attached settlement agreement reflects the terms that the University is willing to agree to in order to avoid engaging in the next step of the dismissal process. Please review and let me know if we have an agreement. Please note that in addition to signing and dating the agreement, the terms also call for you to provide a letter of retirement that is addressed to me. As we discussed, the deadline remains 5:00 p.m. today.

I just saw this. I am currently away from my house on errands and will not return home for some time. It is after 6 ok on the east coast where my lawyer is, so there is no way I can even discuss this document with him before 5 pm today. It is therefore impossible to respond to this legal document in less than 2 hours. Moreover there were several items that were left hanging that you were going to get back to me on that are not addressed here and there are inconsistencies in the document as it now stands.

We had agreed to continue our geed faith discussions toward conciliation as descnlied in the recommendationof the conciliation committee,and the process as outlined in the Aber 601 provide up to60 days to complete this if we are pm:ceding. The deadline of 5 pm on is net only unreasonabk but is physically impossible to achieve today given the timingof your email, for the reasons descnbed above.

Are you available for a phone conversation now or later?

I have forwarded your note to the provost and trying to contact OGC and the provost. Currently in a 'netting. [x]

My attorney reached Kim Dirnarchie. and she has indicated at this point President Crow's deadline is waived• and we have until the end of the day on Friday to see if we can come to an agreement. My understanding from my attorney is that negotiations are now between he and her. but if this is not the case. I am happy to have a conversation with you toclarify some of the outstanding issues based on cur conversation codier today. Among the items.my undemanding regarding the research funds was that they were on the table and the University was amendable to a transfer pending approval by donors etc. In any case. you have my cell phone number.if you want to talk. but I warned yougive you the information above tight now. III don't hear from you. my attorney and l and our advisors will continue negotiations and present our proposals to Kim Dimarchie.

Please do not communicate without justin or my sign off - thx would have been sufficient!