Jones, Et Al v. Halliburton Company et al

Filing 21

MOTION to Change Venue by Kellogg Brown & Root Services, Inc., Kellogg Brown & Root International, Inc., Kellogg Brown & Root LLC, Kellogg Brown & Root, Inc, Kellogg Brown & Root, S. de R.L., Halliburton Company, KBR, Inc., KBR Technical Services, Inc, Overseas Administrative Services, LTD. (Attachments: # 1 Exhibit Exhibits 1-6# 2 Text of Proposed Order Order)(Christ, Vanetta)

Jones, Et Al v. Halliburton Company et al

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMIE LEIGH JONES and JOSEPH DAIGLE Plaintiffs,
§ § § § § § § § § § § § § § § § § § § § § § § § §

vs.
HALLIBURTON COMPANY d/b/a KBR KELLOGG BROWN & ROOT (KBR); KELLOGG BROWN & ROOT, SERVICES, INC.; KELLOGG BROWN & ROOT INTERNATIONAL, INC.; KELLOGG BROWN & ROOT, LLC; KELLOGG BROWN & ROOT, INC.; KELLOGG BROWN & ROOT, S. de R.L.; KELLOGG BROWN & ROOT (KBR), INC.; KBR TECHNICAL SERVICES, INC.; OVERSEAS ADMINISTRATIVE SERVICES, LTD.; ERIC ILER, CHARLES BOARTZ; SEVERAL JOHN DOE RAPISTS, and THE UNITED STATES OF AMERICA Defendants.

CIVIL ACTION NO. 1:07-CV-0295

JURY TRIAL DEMANDED

AFFIDAVIT OF DEAN GRAVES STATE OF TEXAS COUNTY OF HARRIS
§ §

BEFORE ME, the undersigned authority, a Notary Public in and for the above county and state, on this day personally appeared Dean Graves, known to me to be the person whose name is subscribed hereto, and having been first duly sworn, did depose and state:

1. My name is Dean Graves. I certify that I am competent to make this affidavit and have personal knowledge of the facts. 2. I am Senior Counsel with KBR, Inc. ("KBR") and support KBR's Human Resources department. In my capacity as Senior Counsel, I am familiar with the corporate structure of KBR and its subsidiaries and affiliates and the products and services offered by those

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companies. I have also become familiar with certain background facts relating to the Plaintiffs' Complaint in this case. 3. KBR is an engineering and construction company. It is incorporated in Delaware and is headquartered in Houston, Texas. KBR was recently spun off from Halliburton Company, which is also incorporated in Delaware and headquartered in Houston, Texas. 4. Kellogg Brown & Root Services, Inc. is incorporated in Delaware. Its primary place of business is Houston, Texas. 5. Kellogg Brown & Root LLC is incorporated in Delaware. Its primary place of business is Houston, Texas. 6. Kellogg Brown & Root, S. de R.L. is incorporated in Panama. Its primary place of business is Houston, Texas. 7. KBR Technical Services, Inc. is incorporated in Delaware. Its primary place of business is Houston, Texas. 8. Kellogg Brown & Root, Inc. is no longer an active entity, as it was merged on December 31, 2005. Kellogg Brown & Root LLC is successor to this entity's rights and interests. It previously was incorporated in Delaware and based in Houston, Texas. 9. KBR's business operations within the Eastern District are limited to one industrial jobsite employing approximately 57 persons. 10. One of KBR's projects is called the Logistics Civil Augmentation Program, or "LOGCAP III." The LOGCAP III project provides logistical support to the U.S. government abroad, including operations in Iraq. Certain foreign subsidiaries of KBR employ persons to perform work on the LOGCAP project in performing under U.S. government contracts. One of these foreign subsidiaries is Overseas Administrative Services ("OAS"). OAS is incorporated in the Cayman Islands and has its principal place of business in Dubai, United Arab Emirates. 11. The residence and employment status of the individuals who are likely to be witnesses or whose depositions are sought by Plaintiffs in this case are as follows: a) Eric Her is a Theater Asset Manager currently on assignment in Iraq. He previously worked for KBR in Houston. Mr. Iler's last known address in the United States was a P.O. Box in Hardin, Texas. b) Frederick Heard is a Production Group Leader for KBR in Houston. Mr. Heard's last known permanent residence was in Spring, Texas (Houston area). c) John Bishop, who was a recruiter, separated from employment in March 2007. His last known permanent residence was in Houston, Texas.

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d) Pete Arroyo, who was a Senior Operations Coordinator in Iraq, separated from employment in October 2005. His last known permanent residence was in Fayetteville, North Carolina. e) Darrell Kaigler is a Logistics Supervisor currently on assignment in Iraq. His last known permanent residence was in Charlotte, North Carolina. f) Kristen Rumba, who was a physician's assistant in Iraq, separated from employment in April 2006. Her last known permanent residence was in Cleveland, Tennessee. g) Scott Davis is a Deputy Theater HSE Manager in Iraq. His last known permanent residence was in Deer Park, Texas (Houston area). h) William Goodgine, who was a Senior Security Coordinator, separated from employment in February 2006. His last known permanent residence was in Fayetteville, North Carolina. i) Stephen Pamell, who was a Security Coordinator, separated from employment in October 2005. His last known permanent residence was in Warren, Arkansas. j) Randy Hultz, who was a Security Coordinator, separated from employment in February 2006. His last known permanent residence was in Leesville, Louisiana. k) Charles Bortz, who was a Fire Crew Chief, separated from employment in June 2006. His last known permanent residence was in Navarre, Florida. 1) Kara Hall is a Senior HR Generalist currently on assignment in Iraq. His last known permanent residence was in Missouri City, Texas (Houston area). m) Janie Armstrong, who was a Senior HR Generalist, separated from employment in December 2005. Her last known permanent residence was in Stillwater, Oklahoma. n) Gabe Andino is an Operations Manager for KBR in Houston. His last known permanent residence was in the Woodlands, Texas (Houston area). o) Debbie Woodhams, who was a Senior Employee Assistance Program Representative, separated from employment in July 2006. Her last known permanent residence was in Winston-Salem, North Carolina. p) Ron Boutwell, who was an HR Supervisor, separated from employment in March 2007. His last known permanent residence was in Cape Canaveral, Florida. The above information regarding these persons' titles, locations, and permanent residences is based on personnel records of KBR or its subsidiaries.

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6. The following individuals were not employed by KBR or its subsidiaries, and their residences could not be determined from KBR records: a) b) c) d) Major Jodi Schultz Timothy Lunardi Matthew McCormack Heidi McMichael
day of

Dated this

_, 2007, at Houston, Texas.

SUBSCRIBED AND SWORN TO BEFORE ME on June "7 . 2007, to certify which witness my hand and official seal.

YOLANDA SOLORIO N o t a r y Public, State of Texas C o m m i s s i o n Expires 03-15-2009

ojary Public in arid for the iteof T E X A S

Date

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EXHIBIT 2

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMIF. I,HIGH JONES and J O S E P H DAIGLE Plaintiffs,
§ § § § § § § § § §

vs.
HALLIBURTON COMPANY d/b/a KBR KELF.OGG BROWN & ROOT ( K B R ) ; KELLOGG BROWN & ROOT, S E R V I C E S , INC.; KF.LLOGG TIROWN & ROOT INTERNATIONAL INC.; KELLOGG BROWN & ROOT, LLC; KELLOGG BROWN & ROOT, INC.; KELLOGG BROWN & ROOT, S. de R.L.; KbLLOGG DROWN & ROOT (KBR), INC.; KBR TECHNICAL SERVICES, INC.; OVERSEAS ADMINISTRATIVE SERVICES, LTD.; F.R1C ILER, CHARLES BOART7; SEVERAL JOHN UOF RAPISTS, and THE U N I T E D STATES OF AMERICA Defendants.

CIVIL ACTION NO. 1:07-CV-U29S

§ § § § § § § §

JURY TRIAL DEMANDED

AFFIDAVIT OF JANET BROOKS STATE OF TEXAS COUNTY OF T-IARR1S

§ §

BEFORE ME, this undersigned authority, a Notary Public in and for the above county and state, on tills day personally appeared Jancl Brooks, known to me to he the person whose name is subscribed hereto, and having been first duly sworn, did depose and state: My name is Jane!: Brooks. I am a Human Resources Supervisor with KBR Technical Services, Inc. ("KDRTSl"), a subsidiary of KBR. Inc. ("KBR"X -I certify thai I am competent to make Ihis affidavit and have personal knowledge of the lads. One of KBR's projects is called ihe Logistics Civil Augmentation Program, or "LOGCAP 111." The LOGCAP III project provides logistical support to the U.S. government abroad, including operations in Iraq. Certain foreign subsidiaries of KBR, such as Overseas

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Administrative Services, Ltd. ("OAS") employ persons to perform work on the LOGCAP ITT project in performing under U.S. government contracts. In my capacity as Human Resources Supervisor, T oversee the recruiting and processing of these employees. As the overseer of this process, 1 am familiar with the orientation and processing of i n d i v i d u a l s prior to their deployment for overseas assignment to the LOGCAP III project. All candidates ibr employment on the project must attend a week of orientation in Houston prior to their hiring. This orientation includes briefing on safely and security matters, harassment-free w o r k p l a c e policies, the KBR corporate anti-harassment policy, procedures for reporting any problem, a prohibition against retaliation, a description of KBR's open door policy and the a n n o u n c e m e n t of a toll free number for its Employee Assistance Program. Recruits must complete this orientation prior to signing an employment agreement in Houston and being deployed overseas. Documents and presentations related to orientation (besides those individual copies kept by employees) are kept in Houston. In my professional capacity. T also have access to and am familiar with the personnel records and employment histories of persons recruited for and hired by KBR and GAS., including Jamie T.eigh Jones ("Jones"). Based upon review of those records, I know that Jones initially was hired by KBRTST as a temporary administrative associate on April 15, 2004. On March 26. 2005, she transferred to an operations specialist position in Houston. She then applied for a position in Iraq. When she was hired to work in Iraq, she listed a Conroe, Texas address as her residence. She signed an OAS contract in Houston, and was hired effective July 21, 2005 to work as an administrative assistant in Baghdad. limployme-nt records for OAS employees such as Jones are maintained in Houston as well as Baghdad. Additionally, payroll records for ihose employees are maintained in Uubai. I he following documents included as exhibits to the Motion are true and accurate copies from KBR's records: Jamie Leigh Jones Employee History Report Jamie Leigh Jones OAS Data Sheet Employment Agreement between Jamie Leigh Jones and OAS

SUBSCRIBED AND SWORN TO Biil ORF MF on June 07 * 2007, to certify which witness my hand and official seal.

5SSB

CHERYL M. NETHERYi NOTARY PUBLIC STATE OF TEXAS .
COMM. EXPIRES 08.0fl.2000

Notary State ol

lie in and For the F. X A. S

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EXHIBIT 3

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12/06/2005

Employee History Report
ZPLEHSUO

00307429 452-75-9668 Jones, Jamie Leigh O4/15/04 - 07/24/04 Status: 3 Event: 62 Hire applicant Reason:

'- ·-'·-'··

Co.: 1211 KBR Technical Services
PA: 0533 B&R Clinton Dr Houston -WK PerSubA: 0005 EE Grp: 6 Temporary EE Subgroup: 01 Hourly-OT EE Contract: U7 DO NOT USE KBR i '

Sending Cost Ctr: 1205060741 Browntemps
Dept: 44040291 BROWNTEMPS-1211-120506074 Job: 45000381 A401-Administrative Pos: 53234795 Leg Job No: Q01240681

Pay scale: B

Pay scale level:

Rate:

10.00 Hourly

O7/25/04 - 03/26/05 Status: 3 Event: 02 Change of Org Assignment Reason: Jl Job Change with transfer

Co.: 1211 KBR Technical Services
PA: 0856 BRS - LOGCAP III PerSubA: 0005 EE Grp: 1 Regular ertployee EE Subgroup: 01 Hourly-OT 1 EE Contract: U9 BRSC - Govt Ops Sending Cost Ctr: 1200535022 US/IC Job OOGY Dept: 52996111 LOGCAP III-1211-120509800 Job: 53140572 I307-IT Desktop Tech Pos: 53265109

Pay scale: E

Pay scale level:

Rate:

15.00 Hourly

03/27/05 - 04/16/05 Status: 3 Event: 16 Change Pay Reason: 14 Rate Error Correction Co.: 1211 KBR Technical Services PA: 0856 BRS - LOGCAP III PerSubA: 0005 EE Grp: 1 Regular employee EE Subgroup: 05 Salaried-OT 1 EE Contract: U9 BRSC - Govt Ops Sending Cost Ctr: 1200535022 US/IC Job OOGY Dept: 52996111 LOGCAP III-1211-120509SOO Job: 53000175 J017-0perations Spec Pos: 53396891 Leg Job No: S01161920

Pay scale: F

Pay scale level:

Rate:

3,120.00 Periodic (salary)

04/17/05 - 07/20/05 Status: 3 Event: 16 Change Pay Reason: 14 Rate Error Correction

Co.: 1211 KBR Technical Services
PA: 0856 BRS - LOGCAP III PerSubA: 0005

EE Grp: 1 Regular employee

EE Subgroup: 05 Salaried-OT 1

EE Contract: U9 BRSC - Govt Ops Sending Cost Ctr: 1200535041 US/US Job OOGY Dept: 52996111 LOGCAP III-1211-120509800 Job: 53000175 J017-0perations Spec Pos: 53396S91 Leg Job No: S01161920

Pay scale: F

Pay scale level:

Rate:

3,120.00

Periodic (salary)

07/21/05 - 08/06/05 Status: 3 Event: 02 Change of Org Assignment Reason: Jl Job Change with transfer Co.: 3153 Overseas Admin.Serv. Ltd
PA: ZXHI OAS-Iraq-LOGCAP III FerSubA: 0005 EE Grp: I Expat-Project EE Subgroup: 05 Salaried-OT 1 EE Contract: U9 BRSC - Govt Ops

Sending Cost Ctr: 1200535041 US/US Job OOGY

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12/06/2005

Employee History Report ZPLEHSUO

Dept: 43008015 Gross Labor Pass Through
Job: 45000349 A369-Senior Desktop Leg Job No: S01161920 Pos: 53430564

Pay scale: G

Pay scale level:

Rate:

3,500.00 Periodic (salary)

08/07/05 - 12/06/05 Status; 3 Events 02 Change of Org Assignment Reason: Jl Job Change with transfer Co.: 3153 Overseas Admin.Serv. Ltd
PA: ZXHI OAS-Iraq-LOGCAP III PerSubA: 0005

EE Grp: I Expat-Project

EE Subgroup: 05 Salaried-OT 1
4.6 to 4.7 OOGY 3,500.00 Periodic (salary)

EE Contract: U9 BRSC - Govt Ops Sending Cost Ctr: 1200535207 OAS

Dept: 43008015 Gross Labor Pass Through
Job: 45000349 A369-Senior Desktop Pos: 53430564 Pay scale: G Pay scale level: Rate:

***** End of Report *****

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EXHIBIT 4

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f-

Overseas KJministration SerC^es, Ltd,
DATA SHEET
1. Employer: Overseas Administration Services, Ltd. 2. Employee: Jamie Leigh Jones Effective Date: JUL 2 1 2QQ3 Per Diem:
SO

.

ACCEPTED

4S .!>
Person to be notified in case of emergency:
.K

.-n'

^

Agent: 3. Location of Overseas Assignment: U.S. Army's Central Command Area of Operations Currently anticipated to be: Iraq / III Corps M A A- A 4. Status: Single 5. Job Classification: IT Customer Support Analyst 6. Assignment Duration: The duration of your assignment is anticipated to be approximately twelve months. There is no minimum guaranteed duration of employment. You may terminate your employment at any time, subject to loss of compensation and incentives, if any, as specified herein, and Employer may likewise terminate your employment at any time, for any reason, including for its sole convenience. 7. Compensation: Foreign Service Bonus, Area Differential and Hazard Pay may change w ithout prior notice during the term of this Agreement. Changes to Base Salary will not be effective unless in writing and signed by the In Country Manager and Project General Manager. a. Base Salary: S3.500.00 b. Payroll period: MONTHLY c. Overtime basis: Straight d. Foreign Service Bonus: 5% e. f. g. h. Area Differential: Danger Pay: 25% 25%
By:

KBR Technical Services, Inc. Date: July 15.2005

Housing in Country: Furnisheq1 Transportation in Country: Furnished

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EXHIBIT 5

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EMPLOYMENT AGREEMENT
(Foreign Service- Single Status Assignment) US CITIZEN

Employee: Jamie Leigh Jones

Date:

July IS. 2005

This Employment Agreement sots forth the terms and conditions of employment between you and Overseas Administration Services, Ltd., ("Employer") for your employment in support of the U.S. Army's Area of Operation under the U.S. Contract DAAA09-02-D0007. This Employment Agreement includes the Data Sheet that is attached. In the event of any conflict between these documents, the terms of the Employment Agreement will control. G E N E R A L TERMS AND CONDITIONS 1. You agree to perform services of the job classification shown on the Data Sheet, and other services within your capability as requested by Employer. You may terminate your employment at any time, subject to loss of compensation, if any, as specified herein, and Employer may likewise terminate your employment at any time, for any reason, including for its sole convenience. Earned but unpaid compensation will be paid if Employer terminates your employment for its convenience or for any other reason. 2. This Agreement and the attached Data Sheet show specific terms and conditions of your initial employment assignment, the identity of the corporation that will be your Employer, the position for which you are initially assigned/hired and location of the project, your rate of pay and other applicable benefit programs. In addition, you are responsible for compliance with the Halliburton Code of Business Conduct, Corporate Policies and Kellogg Brown & Root Business Practices. 3. As an employee of Overseas Administration Services, Ltd, you will be eligible to participate in the Kellogg Brown & Root Retirement and Savings Plan, subject to its terms of eligibility, and other employee benefit plans available to Kellogg Brown & Root employees in the United States, if applicable. 4. Except for insurance, Employer shall have no l i a b i l i t y in damages whatsoever to you for injuries, disabilities, detention, death or other losses arising out of, or in connection with terrorism, war (declared or LOGCAP HI OAS Employment Agreement Updated 28 June 2005

undeclared), rebellion, labor strike or unrest, civil strife or acts of the civil authority or armed forces of any nation; provided, however, in the event of capture, you w i l l be paid in accordance with the Specific Terms and Conditions of Capture and Detention. In an emergency. Employer may, at its discretion, elect to evacuate you to some secure location. Your sole recourse for any injury, illness, or death arising out of or in the course of your employment under this Agreement shall be as determined under the provisions of the Defense Base Act. 5. Your compensation is identified on the attached Data Sheet. Each pay period, you will be paid by applying the amount earned, after deducting mandatory tax withholdings, your authorized employee benefit charges, and any advances, reserves, or other obligations to Employer. Your pay will be sent to the location you designate on the check disposition form. In the event you elect to contribute to the employee savings account portion of the Kellogg Brown & Root Retirement and Savings Plan, such contribution shall be deducted from your check and deposited by Employer on your behalf. While employed under the terms and conditions of this Employment Agreement your Top Flex account is frozen, and no contributions or deductions are allowable. 6. Payments shall be made on a monthly basis. Wage payments shall be subject to deductions required by law, deductions provided for in this Agreement and such deductions as you from time to time may authorize in writing. 7. Employer will pay your travel expenses from Houston, Texas or your designated Point of Origin to the Assignment Location and your return to your Point of Origin at the most economical and practical airfare available. No other relocation or repatriation expenses w i l l be provided. Note: In accordance with Federal Acquisition Regulation 52.247-63 - Preference for U.S.Flag Air Carriers, all flights must be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented 1 of 13 pages

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r
8. Since your employment is terminable at any time by cither party, Employer assumes no responsibility Tor any loss related to your decision to dispose of real or personal property or to resign from other employment or business arrangements. Any such arrangements that you make are made at your risk, on your own best judgment. 9. You understand and agree that the employment relationship is at will and that there is no guarantee of continued employment or any commitment on the part of Employer, either express or implied, to renew this Employment Agreement for any additional term or period. 10. Employer ceases to be liable for fulfillment of any and all obligations stated in this Agreement upon the termination of employment. However, upon termination Employer shall pay you all earned and unpaid Interim Leave benefits and demobilization travel back to your Point of Origin. If you resign or are terminated for cause, you will forfeit any unpaid Interim Leave except where you were prohibited from taking Interim Leave by project management. In such cases, you will be paid for your Interim Leave days only to which you are otherwise eligible and entitled. 11. You agree to comply with all laws and regulations, both civil and U.S. military (to include U.S. Army Command Directives), applicable at the Assignment Location or the Job Site, and while on authorized travel status, and such other rules, regulations, and policies as the Employer may establish from time to time. You understand that the Job Site may be under the supervision of military authorities, and agree that compliance by Employer with any order, directive or regulation promulgated by military authorities, which results in a breach or default by Employer with the terms of this Agreement shall excuse Employer for any such breach or default. SPECIFIC TERMS AND CONDITIONS 1. Assignment Duration Location may be changed at any time within the Area of Operations, at the sole discretion of Employer. You are aware that the Assignment Location may be a potentially hazardous environment. Although the U.S. Government is responsible for providing security for Employer's operations, your acceptance of this assignment constitutes acceptance and acknowledgment of the risks and the willingness to stay in the Assignment Location until directed by the Employer to evacuate. 2. Compensation

You will receive the compensation listed below, based upon your individual job classification. In-Country Project Manager and the Project General Manager must approve any job classification or rate adjustment(s) in writing, and any changes in job classification or salary are only effective on the date indicated on the formal Personnel Action Notice (PAN). No rate increase will be awarded unless there is adequate justification to support it. Base Salary: $3.500.00 per month. You will be paid a Base Monthly Salary as specified above on the basis of a minimum 40-hour workweek. There is no guarantee of more than 40 hours of work per week. Foreign Service Bonus, Work Area Differential and Hazard Pay, if appropriate, apply only to the first 40 hours worked each week. All hours worked over 40 hours per week will be paid at the straight time rate. The payroll period is monthly, with the pay ending date on Saturday of each pay period. All rate adjustments will be effective at the beginning of a pay week. For purposes of calculating the hourly rate for straight time pay, the following formula is used: Base Salary per month x 12 months = Straight Time 2080 hours Rate per Hour If you are placed on a standby status, while on standby status, you will be paid Base Salary on the basis of 8 hours per day, not to exceed 40 hours per week standby pay. Foreign Service Bonus continues to apply during the standby period while In Country. If you are placed on standby status while physically located in a work location which has an identified Work Area Differential and/or Hazard Pay, the Work Area Differential and/or Hazard Pay will also apply during the standby period

The duration of your assignment is anticipated to be a p p r o x i m a t e l y 12 months. There is no minimum guaranteed duration of employment. This Agreement shall remain in full force and effect for the duration of the assignment, including any extensions. Your assignment will be in the U.S. Army's Central Command Area of Operation. Your Assignment
LOGCAP HI OAS Employment Agreement Updated 28 June 2005

(a)

Capture and Detention
2 of 13 pages

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In the event you are taken and held prisoner, hostage or otherwise detained by a hostile force or the force of any power not allied with the United States while on foreign assignment. Employer will continue to pay your Base Salary at the straight lime rate per hour being paid on the date of capture and/or detention. The number of hours per day you will be paid will be the average number of hours worked per day over the past two months immediately preceding detention. Foreign Service Bonus and Work Area Differential uplifts that you are eligible for immediately preceding detention will c o n t i n u e for the duration of detention during the first 40 hours of each workweek. You will also be paid Hazard Pay for the first 40 hours of each week for the duration of your detention, regardless of whether you were receiving a Hazard Pay differential immediately preceding detention. Compensation benefits will continue for the period of detention or internment and w i l l be paid to your authorized party. Additionally, Employer is authorized to continue to process your contribution for insurance as established by you prior to the period of detention or internment. Such contribution w i l l be deducted from your compensation benefits prior to payment of the compensation benefits to your authorized party. This will ensure insurance coverage remains in full force and effect throughout the period of your detention or internment.
(b)

and adjusted at any time by Employer, without notice or a specific amendment to this Employment Agreement. The Work Area Differential in effect at the Date of Hire is identified in the Data Sheet.

(d)

Foreign Tax/Social Insurance Protection

Foreign Tax/Social Insurance Protection approximates the additional cost incurred by you due to your assignment in a foreign country. It is currently anticipated that the Client will obtain an exemption or waiver of foreign taxes and social insurance obligations on your behalf. Consequently, no adjustment has been included in the Work Area Differential for these potential obligations. Should the C l i e n t fail to achieve the exemption or waiver. Employer w i l t pay the foreign taxes and/or other host country statutory obligations on your behalf and seek reimbursement from the U.S. Government in accordance w i t h Federal Acquisition Regulation 3I.205-6(e). You w i l l be responsible for completing and/or signing all necessary paperwork associated with the foreign taxes and/or other host country statutory obligations.
(e)

Foreign Service Bonus:

A Foreign Service Bonus is provided as a financial incentive for you to accept a foreign assignment and to encourage you to remain at the foreign location. Accrual of the Foreign Service Bonus starts upon the date of actual departure from the Point of Origin for the Assignment Location and ends on the date of return to the Point of Origin. The Foreign Service Bonus applies to Base Salary only, and excludes any overtime or extended work week allowance and will be paid each pay period. Foreign Service Bonus is 5% of Base Salary, unless otherwise amended in writing.
(c)

Hazard Pay, if and when authorized by the Federal Government, is based on Assignment Location. If applicable. Hazard Pay applies to Base Salary only. Hazard Pay may be reviewed and adjusted at any time by Employer, without notice or a specific amendment to this Employment Agreement. The Hazard Pay in effect at the Date of Hire is identified in the Data Sheet.

3.

Taxes

You will be personally responsible for compliance with applicable home country tax laws and regulations, including but not limited to, the payment of income taxes and PICA. 4. Sick Leave You will accrue 8 hours of sick leave for each full month of service, beginning with the completion of the first full m o n t h of your Foreign Service employment. Sick leave w i l l not be paid in advance of it being earned. Partial m o n t h s will not be prorated. The maximum allowable accumulation is 96 hours within any 12-month period. Approval of sick leave requires documentation from a certified medical professional. Sick leave benefits will be paid at 8 hours straight time per day. No payment w i l l be made for unused sick leave, nor may sick leave 3 of 13 pages

Work Area Differential

A Work Area Differential recognizes work area hardship, weather extremes, or severe cultural or sociological differences. The Work Area Differential starts upon mobilization to the Assignment Location and ends on the last day at the Assignment Location. The Work Area Differential is applied to Base Salary only and will be paid each pay period. The Work Area Differential at the Assignment Location may be reviewed LOGCAP III OAS Employment Agreement Updated 28 June 2005

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accruals be used retroactively. Sick Leave is only applicable when you are In Theater and may not be combined with Interim Leave and/or Leave With Out Pay (LWOP) when the LWOP is taken away from the Work Assignment location.

expenses at the sole discretion of Employer. Laundry Services will also be provided.

8.

Travel Expenses

(a) Point of Origin Your established Point of Origin will be the closest major commercial airport facility to the address listed on the first page of this Agreement This is the location from and to which your travel and other expenses provided by Employer will be payable. Point of Origin may not change during the term of employment under t h i s Agreement. (b) Airfare Expenses Your airfare expenses from the Point of Origin to the Assignment Location and return will be paid by Employer on an economy fare basis. In accordance with Federal Acquisition Regulation 52.247-63 -- Preference for U.S.-FIag Air Carriers, all flights must be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented. (c) Other Expenses Travel expenses other than air transportation will be reviewed on a case by case basis by the Project Manager. Shipment of excess baggage of personal items is a personal expense and will not be reimbursed. 9. Interim Leave (Also referred to as RAR)

5.
You will be paid 8 hours straight time tor any authorized holidays observed and not worked. Any approved project holidays that are worked will be paid at straight time. You must be in Country at your Assignment Location to observe the holiday. Because of operational requirements to provide continued support to the Client, it may not be feasible for all employees to observe local holidays concurrently; therefore, holidays may be taken two weeks on either side of the actual day, or longer with In-Country Project Manager or Project General Manager written approval. Holidays cannot be combined with Interim Leave, however, with advance In Theater Country/Region Management approval, if you are In Country at your Assignment Location to observe a holiday, you may combine the holiday with Leave Without Pay following the holiday. (In other words, you w a k e up in Country on your holiday, but travel later that day and go on leave without pay as authorized in advance by the In Theater Country Manager).

6.

Mobilization and Demobilization

You will be mobilized and demobilized from and to your Point of Origin. You will be paid for mobilization travel t i m e not to exceed two 8-hour days at Base Salary plus Foreign Service Bonus, Work Area Differential. During demobilization, you will be paid travel time not to exceed two 8-hour days at Base Salary plus Foreign Service Bonus. In accordance with Federal Acquisition Regulation 52.247-63 - Preference for U.S.-FIag Air Carriers, all flights must be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented
7.

Interim Leave is time away from the project during the assignment period due to hardships, lack of amenities and cultural disorientation in the Assignment Location. Interim Leave is expected to be taken but is subject to project schedules and requires approval from your supervisor and the In-Country Project Manager. Interim Leave will not be approved unless the job assignment is expected to last for a period of at least 30 days beyond the qualification date. The following Interim Leave schedule will apply: Upon completion of 120 days of assignment: A 10consecutive-day leave. Upon the completion of 240 days of assignment: A 10-consecutive-day leave. Upon completion of 365 days of assignment: A 10consecutive-day leave. Labor:
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Local Housing and Transportation

You will be furnished transportation and housing at the Assignment Location. Meals will be provided. Where meals (e.g. KBR controlled or Government operated D i n i n g Facilities, MREs, Meal Plan, etc.) are not provided, a Company Approved Per Diem (CAPD) may be authorized in lieu of reimbursement for actual

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R&Rs will be every 4 months for a total of three R&Rs per year. All R&Rs will be paid a total of 80 hours at straight time (no uplifts) over a minimum of 10 days leave. The R&Rs will not be accrued; therefore, they w i l l either be observed or forfeited. Employees on the OAS, KBR 1917, and SEII payroll will not be eligible for vacation or Tup-flex accrual while on overseas LOGCAP assignments.

to go to other than his/her point of origin OR receive reimbursement up to the amount of the most economical airfare to the Point of Origin or to the preferred destination, which ever is less. In accordance with Federal Acquisition Regulation 52.247-63 -- Preference for U.S.-Flag Air Carriers, all (lights must be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented Where the employee is required to change employee's scheduled R&R due to circumstances stemming from U.S. Government actions and/or actions beyond the control of the U.S. Government (e.g. Military Flight schedule changes or restrictions, lack of government provided force protection delaying convoy travel, civil unrest or terrorist activity prohibiting travel, critical unforeseen mission support requirements, etc), AND the Employer's Human Resources Department purchased the R&R ticket on behalf of the employee. Employer shall pay for the costs associated with the change in ticket fares, to include cost of fees for the changed schedule that resulted from the type of activities described above. In order to be reimbursed for the changed fare and associated change fees, the ticket must have been purchased by the Employer, the change in the tickets and associated fees must be processed through the Employer and the reason for the change must be fully explained and approved by the Regional Project Manager (or Country Manager if the site location is not part of a Region). E-mail approval will suffice. The purpose of Interim leave is to provide rest and relaxation (R&R) from the work environment, thus maintaining operational effectiveness and optimum performance; therefore, you are expected to adhere to the Interim Leave Schedule. If you voluntarily decline to take Interim Leave before your next scheduled Interim Leave, your Interim Leave is forfeited. You may not save Interim Leave to use in conjunction with another Interim Leave. Where Interim Leave cannot be taken as a result of a management decision to cover operational requirements, when you become eligible for your next Interim Leave, you will be paid for the untaken Interim Leave. On an exceptional basis, Interim Leave that is postponed due to operational requirements may be taken at a later time w i t h the express written approval of the In Country Manager.

Airfare: In accordance with Project Policies, Employer will pay your airfare expenses for a scheduled Interim Leave or Business Travel. For R&Rs 1 and 2 (4 and 8 months), KBR will pay up to a fixed amount for airfare. For airfare over the fixed amount, the delta will be payroll deducted from the employee. For tickets under the fixed amount, the employee will not receive the difference, but the client w i l l achieve cost avoidance. The reimbursement of UP TO the fixed amount is considered personal compensation as defined by FAR 31.205-6 and will be reported as taxable income. Therefore, the requirement to fly on U.S. Flag carriers is not applicable to an employee who receives UP TO the fixed amount toward their airfare. An employee authorized in writing to receive UP TO the fixed amount of airfare reimbursement (approved Interim Leave Request) may make whatever travel arrangements he/she chooses since he/she is paying for the travel from his/her personal income. Nate: In order to he reimbursed UP TO the fixed amount, the employee must submit proof of travel (e.g., copy of ticket or itinerary) and proof of payment for that travel. For the third R&R (12 months), if the employee has not extended his/her employment for another year, the Company will send the employee to his/her point of origin, utilizing the return portion of the mobilization ticket if it is still valid. Due to time constraints and a i r l i n e schedule changes, the return portion of the ticket may not be valid or may not be the most economical means of returning the employee to his/her Point of Origin. In that case, the Company will provide a return ticket to the employee's Point of Origin because that trip w i l l also be considered demobilization of the employee. IF, however, the employee has been offered and has accepted the opportunity to extend his/her work assignment for another year, then the employee may elect LOGCAP III OAS Employment Agreement Updated 28 June 2005

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Interim Leave may NOT be taken in a location where KBR personnel are eligible to draw Hazard Pay I-XCEPT where the employee's POINT OF ORIGIN is in that same Hazard Zone and then only those personnel whose Point of Origin is in that Hazard Zone are authorized to go to their point of origin. They cannot go to another location that receives hazard pay. (e.g. an employee with a Point of Origin in Bosnia can go to Bosnia on Interim Leave, but that employee CANNOT go to Kosovo on Interim Leave). If granted. Interim Leave starts the date you depart the Assignment Location and includes travel time from and return to the Assignment Location. Transportation will be provided to and from a designated leave departure point within the Assignment Location. You will not be paid for unused Interim Leave. Payment for Interim Leave will only be made for days actually taken; therefore payment will occur only after the Interim Leave is completed. W h i l e you are on approved Business Travel, Foreign Service Bonus and Work Area Differential if applicable w i l l continue to apply to your Base Salary. Hazard Pay w i l l only be paid when you are physically working in an area eligible to receive Hazard Pay. If you are required to travel to another location on business, uplifts, to include Hazard Pay if applicable, for that location will be paid during the first 40 hours of the workweek. Standby time associated with an Interim Leave is allowed only at the approved point of departure and only if the approved departure point is distant an/or difficult to reach due to weather conditions or other unforeseen circumstances (e.g. MILAIR flight availability). Standby t i m e must be authorized by the In-Country Project Manager and must not exceed 8 hours per day. If you are required to travel to another location on business, you will be paid for all hours worked at the standby location. Employer will pay your airfare expenses for scheduled Business Travel. All Business Travel must be coordinated and paid for by the local Human Resources Department. Exceptions for payment of Business Travel by other than the local Human Resources Department require written approval.

10.

Emergency Leave

Emergency leave may be granted in the event of a serious health condition or death in your immediate f a m i l y or your spouse's immediate family. For purposes of emergency leave, immediate family is detlned as spouse, child, parent, grandparent, brother or sister (Family members identified herein can include step relations). Emergency leave must be authorized by the In-Country Project Manager, whose Human Resources Manager will coordinate such leave arrangements. The maximum you w i l l be paid during any period of approved emergency leave is 40 hours straight time at the Base Salary rate only. The In-Country Project Manager may authorize additional leave days without pay,not to exceed 30 days. In the event of an emergency, your family members should notify the nearest Red Cross agency, and request the Red Cross agency to notify the Kellogg Brown & Root office in Houston who, in turn, will notify the InCountry Human Resources Manager. Employer will provide you with a roundtrip airline ticket to the commercial airport closest to the point of the emergency or Point of Origin. In accordance with Federal Acquisition Regulation 52.247-63 -- Preference for U.S.-Flag Air Carriers, all flights must be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented Proper documentation of the emergency, such as a copy of a death certificate or a physician's statement, is required for reimbursement of authorized travel expenses and emergency leave with pay. In the case of a death, a copy of the published obituary in a newspaper will suffice as initial proof of the death provided a death certificate is submitted to the Human Resources Department within the next 30 days.

II.

Leave Without Pay

The In-Country Project Manager may approve leave without pay in the event of a non-life-threatening situation involving a family member or for other personal reasons requiring your absence from the Assignment Location for a limited period of time, not to exceed 30 days. AH expenses will be at your cost. You w i l l be paid only for actual hours worked on day of your departure and day of return to the Assignment Location.

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Leave Without Pay may NOT be taken in a location w h e r e KBR personnel are eligible to draw Hazard Pay EXCEPT where the employee's POINT OF ORIGIN is in that same Hazard Zone and then only those personnel whose Point of Origin is in that Hazard Zone are authorized to go to their point of origin. They cannot go to another location that receives hazard pay. (e.g. an employee with a Point of Origin in Bosnia can go to Bosnia on Interim Leave, but that employee CANNOT go to Kosovo on Interim Leave). 12. Physical Examination You represent that you are physically capable of performing the work for which you are employed at the Assignment Location. During the term of employment, you agree, when and if required by Employer, to submit to a physical examination by a representative designated by Employer and at Employer's expense. At Employer's direction, you agree to submit to a post assignment physical at the completion of your assignment. The physical examination may include a substance abuse test. You expressly authorize the examining representative to furnish those findings to Employer. Your employment is contingent upon your passing the pre-deployment physical, and health examinations (including, but not limited to, tests for controlled substances), and obtaining immunizations required by Employer. In the event any such physical examination causes Employer to determine, in good faith, that you are not able to satisfactorily perform the job for which you are hired or that medical facilities at the Assignment Location are inadequate to provide you with the necessary level of care, Employer may, at its option, terminate this Agreement. During the assignment period, you agree to cooperate in random or post-accident substance abuse testing and/or other testing for drugs or alcohol as requested by Employer. You agree to submit to such vaccinations and i m m u n i z a t i o n s as may be required by Employer, to be administered at such time, places and by such qualified medical practitioners as determined by Employer.

to the Point of Origin at Employer's expense. In accordance with Federal Acquisition Regulation 52.24763 - Preference for U.S.-Flag Air Carriers, all flights m u s t be on a U.S. Flag Air Carrier unless the exceptions identified in the regulation are met and properly documented. In that event, all further obligations of Employer shall cease, except with respect to the payment of insurance, if applicable, and any earned but unpaid compensation and I n t e r i m Leave. Should you become impaired as the result of injuries or illness resulting, in whole or in part, from your negligence. Employer may terminate your employment for cause. During the term of employment, you will be entitled to medical care at U.S. medical treatment facilities at the Assignment Location or elsewhere within the Area of Operations as authorized by the U.S. Army's Central Command.

14.

Employee Inventions

Patent Rights. Inventions. Modifications. Improvements (a) You agree to assign to Employer or its designees the following: (i) Title to all inventions, developments or improvements, whether patentable or not, made, developed or conceived or first actually reduced to practice by you, alone or jointly with others, in the scope of your employment; (ii) The right to file and prosecute patent applications on such inventions, developments or improvements in any and all countries; and ( i i i ) The patent applications filed and patents issuing thereon. (b) You agree to disclose promptly and fully all such inventions to Employer and to assist Employer in every proper way (entirely at its own expense) to obtain and protect, patents thereon in any or all countries. Such inventions shall be the property of Employer whether patented or not.

13.

Sickness. Iniurv. or Accident

Should your health become impaired by reason of injuries or illness, through no fault of yours, and it results in your termination of employment, you will be returned LOGCAP III OAS Employment Agreement Updated 28 June 2005

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(c) You agree to cooperate and give full and complete assistance to enable Employer to perfect uny patent under conditions set forth herein, including the execution of such papers or documents which Employer or those deriving rights therefrom, may reasonably require. (d) You represent that the inventions, if any, described in the accompanying papers comprise all the unpatented inventions, developments or improvements w h i c h were made or conceived of prior to your Date of Hire. You must list all such items which you wish to be excluded from these provisions: (i) Number of inventions, developments or improvements to be excluded O . (If there are no unpatented inventions, developments or improvements write "none.") (ii) Number of pages of description and drawings and/or reproductions attached u . (Description of invention(s) shall include title, purpose of invention, mode of operation, drawings, if any, and/or such other information as may be necessary to identify the excluded invention, developments, or improvements.) Copyrights In consideration of employment with Employer, you agree to provide a royalty-free, non-exclusive and irrevocable license to sell, reproduce, translate, publish, use and dispose of all copyrighted or copyrightable material produced or composed during your term of employment, conceived by you, alone or jointly with others, which was produced or originated: (a) (b) At the specific request of Employer; As a result of your employment and/or duties;

out of such occurrence. You must keep confidential all i n f o r m a t i o n , materials, documents and data furnished by Employer or U.S. Government.

(b)

Searches and Inspections

Employer reserves the right, with or without notice, to conduct searches or inspections of your personal belongings, living quarters, vehicle(s) or work area.
(c)

Responsibility for Property

Employer assumes no responsibility for loss of or damage to your personal belongings.

(d)

Direct Deposit

As a condition of employment, you agree to establish and maintain an automated direct deposit capability with a banking institution for direct deposit of monies earned.

(e)

Data and Documents

You agree to furnish any data and documents required by Employer for purposes of verification of statistics, national security, health, immigration or otherwise necessary or convenient with respect to any matter connected with your employment.
16. Standards of Conduct

You must observe the standards of conduct and other requirements of the Halliburton Code of Business Conduct in effect at your Date of Hire and as updated periodically, whether or not the law also imposes these standards and requirements. In addition, the following standards for personal conduct are conditions of employment. Employer also requires compliance with regulations placed upon it from time to t i m e by the U.S. Government, foreign government, and State and Local authorities. Accordingly, Employer may amend these standards of conduct, or may establish additional standards of conduct in the future. You are also required to comply with all Corporate Policies i n c l u d i n g all Project or Work Location Policies. Actions that may require discipline or discharge include, but are not limited to, the following:

(c) With use of time and material furnished by Employer. 15. Special Oblieations of Employee

(a)

Security

You must comply with all security requirements of Employer and the U.S. Government. If U.S. Government or other personnel provide you access to any classified or sensitive information in error, you will report such occurrence to the In Country Security Manager immediately and cooperate in any investigation arising LOGCAP III OAS Employment Agreement Updated 28 June 2005

(a)

Insubordination

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Fraud. Dishonesty, or Abuse of Employer Failure or unreasonable delays in carrying out instructions given by superiors or managers; disrespect for those persons in positions of authority. Misuse or abuse of Employer policies such as excused absences, leaves of absence or sick leave; falsification of time card or Employer expense report, failing to give complete or accurate information for personnel and/or security records; intentionally making false statements, either oral or written, about yourself. Employer, Client, other employees, supervisors, or work situations; falsely claiming personal injury/illness as work-related in order to obtain worker's compensation or other employment benefits; misuse of Employer or Client-controlled funds.

(b)

Misconduct

Fighting, threatening or indicting bodily harm on another person; gambling; committing immoral acts or using abusive language; displaying or distributing lewd or obscene pictures or other materials, viewing, downloading or distributing pornographic material from the Internet, unauthorized possession or movement of Employer or Client property; engaging in any activity which conflicts with the interest of Employer or Client or in a manner which brings discredit or embarrassment on the Employer or Client

(f)

Misuse of Time

(c) Violations Involving Alcohol or Controlled Substances Unauthorized possession or use, or being under the influence of a controlled substance (including narcotics and marijuana) while on duty or while on Employer or Client premises at any time; consumption or unauthorized possession of alcohol while on duty or on the work site, or having a detectable level of controlled substances, including alcohol, in the body while on duty or at the work site; refusing to submit to a drug or alcohol test if requested to do so; being at work under the influence of alcohol, resulting in the inability to perform work in a safe, productive, or professional manner; being in a physical condition which creates a risk of impairment to your professional judgment or to the safety and well being of yourself or others, to the Client, or to Employer or Client property; being drunk or under the influence of alcohol and/or drugs and behaving in such a manner off the job where Employer's reputation could be damaged. Alcoholic beverages may never be kept or consumed on any military camp or facility unless authorized in writing by the senior military commander.

Neglect of duty; failure to perform work at an acceptable standard; interfering with the work of other employees; sleeping or deliberate acts of inattention on duty; failure to return to duty promptly at the end of specified or established break periods; unauthorized sale of articles or services, unauthorized distribution or posting of literature, canvassing, polling or petitioning; conducting personal business on Employer time.

(g)

Malicious of Negligent Destruction of Property

W i l l f u l , malicious or negligent destruction of or damage to Employer or Client property, or destruction of or damage to property resulting from your failure to use proper procedures and/or equipment (h) Health/Safety Violation? Failure to observe required health and safety practices and regulations; endangering the health and safety of yourself or other employees; committing unsafe acts such as loitering in or around aircraft/missiles or other heavy equipment during fueling or servicing; smoking in smoke restricted areas.
(0

Security Matters

(d)

Theft or Pilfering

Taking, possessing or tampering with Employer or Client property or records without proper authority.

Loss or mishandling, deliberately or otherwise, of classified, proprietary or trade secret documents or confidential information; discussion of classified or sensitive matters with unauthorized persons or in public places; misuse of Employer or other official identification including automobile decals or Employee Identification badges; unauthorized possession and/or use of weapons, ammunition, explosives, unexploded ordinance/ residue; cameras or film; entering or assisting others to enter restricted or closed areas without proper authorization; denial, suspension or revocation of a security clearance; failure to report the occurrence of any
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unusual incidents which could adversely affect Employer or Client; wearing of F.mployer identification badges outside work locations requiring such identification, except while commuting directly between work locations or between residence and work locations; using the badge for reasons other than in connection" witrTttfork assignment or as otherwise authorized by Employer; f a i l u r e or refusal to comply with Security instruction/direction during Lockdown and/or security situation; failure or refusal to properly display employee identification and/or present identification upon request by an Employer or Client Security Guard and/or other Employer representatives acting in their official capacity.

Sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that is u n w e l c o m e or that creates an intimidating, hostile, or offensive work environment. Sexual harassment also occurs if submission to the conduct U either an explicitor implicit condition of employment or if submission to or rejection of the conduct is used as the basis for employment decisions. (o) Discrimination

0)

Absenteeism

U n l a w f u l discrimination, harassment, or other disparaging activity, such as slurs or gestures, based on race, religion, age, sex, sexual orientation, national origin, disability or veteran's status.
(P)

Unauthorized or excessive absence from the work assignment location, to include but not limited to, failure to return to work promptly at the scheduled conclusion of Interim Leave.

Prohibited Personal Relationships

Being involved in a sexual or romantic relationship with another employee who is within the chain of command or sphere of influence or with an employee of a client, customer, subcontractor, or vendor when that employee has the capacity to directly influence the business relationship.

(k)

Tardiness

Excessive failure to be present at the scheduled report time for the start of a work shift or when work assignments are being issued.
(I)

(q)

Other Violations

Leaving Assigned Work Area

Leaving the assigned work area (except in cases of emergency) without prior supervisory approval.
(m)

Illegal Actions

Violation of a public law or regulation or commission of a criminal offense (to include Host Nation Laws), including, but not limited to, any violation committed w h i l e operating an Employer or Client motor vehicle w h i l e not possessing a valid operator's license; unauthorized operation of a Government or Contractor Acquired/Government Owned (CAGO) or Contractor leased vehicle for personal reasons; trafficking in narcotics, drugs, marijuana or other controlled substances; trafficking in black market goods, currency, and/or minors; payment or acceptance of gratuities, kickbacks or bribes.

Any other acts or failure to act in a responsible, reasonable manner which reflects upon your fitness for the job and/or which adversely affects Employer's reputation or conflicts with the interests of Employer or Client, including such things as drinking intoxicants in public while wearing Employer provided or prescribed uniform; untidy or improper appearance; failure to wear Employer uniforms when required; involvement in preventable accidents involving Client or Employer owned or leased vehicles or equipment; failure to report an accident and/or damage to property or injury to other individuals; obstructing or delaying a properly authorized inquiry or investigation conducted by representatives of Employer or Client; or refusal to perform any and all requirements of the assigned job. 17. Settlement of Personal Affairs Should you depart from the Assignment Location without settling your affairs, or should you become so physically or mentally disabled as to be incapable of h a n d l i n g your personal affairs, you hereby authorize Employer to settle your affairs to the extent Employer deems necessary and/or appropriate under the circumstances. You further authorize Employer to payroll deduct such expenses from any sums due.
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(n)

Sexual Harassment

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In the event of your death while outside your country of citizenship during the term of this Agreement, Employer is authorized to make appropriate disposition of your body and personal effects in accordance with your wishes, or instructions from next oŁ kin and/or family members. Costs associated with disposition and transportation of remains to point of interment will be borne by Employer. It is understood that Employer will make every reasonable effort to follow the wishes of y o u r next of kin if possible. 18. Assignment of This Agreement Employer may, in its sole and absolute discretion, assign all rights and obligations of Employer to any parent, subsidiary, affiliate or joint venture of Employer engaged in the same or similar work contemplated under this Agreement.
19. Personal Baggage

y o u r knowledge; (b) you are fully qualified by virtue of your education and experience to perform all duties of y o u r assignment; (c) you will perform 'such duties to the best of your ability; and (d) you have read this Agreement and agree to comply with all the provisions, terms and conditions contained herein. You further represent and warrant that neither the execution of this Agreement nor the performance of the services contemplated hereunder will violate the terms of any understanding, agreement or order between you and any other party or create or appear to create a conflict of interest between you and any other party. You agree that unless you have prior written consent from Employer, you will not disclose or use at any time, either during or subsequent to your employment, any secret, proprietary or confidential information, whether patentable or not, of Employer or the Client, of which you become informed during employment, whether or not developed by you, except as required in your duties for Employer or the Client. Upon termination of your employment, you agree to deliver promptly to Employer all company property issued to perform work, all records, films, tapes, discs, drawings, blueprints, manuals, letters, notes, notebooks, documents, reports, electronic data and copies thereof, and all materials of a secret, confidential, proprietary or trade secret nature relating to Employer's business and which are in your possession or under your control. You agree to maintain the confidentiality of such materials thereafter. 21. Employer Required Documents

Your personal goods transported during travel are restricted to weight and size limitations as defined by the authorized carrier. Unless authorized in writing by Employer, any additional charges for transport of your goods will be your responsibility. Employer assumes no responsibility for loss of or damage to your personal belongings. Where excess baggage is required to be transported by employee in connection with the assignment, Employer will pay excess baggage charges.
20. Representations

You represent that you have familiarized yourself with conditions existing at the Assignment Location, i n c l u d i n g those pertaining to health, economics, legal, political and religious condition, and that this Agreement is entered into with full knowledge of such conditions. You agree to become familiar with the rules, regulations, laws, policies, customs and traditions at the Assignment Location and acknowledge their applicability to your employment. Employer will, however, make available to you information it has available on living conditions and other matters of interest. Employer undertakes no responsibility for providing housing, transportation or medical care to you other than as set forth herein. You represent and warrant to Employer that: (a) all information provided by you with respect to your obtaining employment is true and accurate to the best of
LOGCAP 111 OAS Employment Agreement Updated 28 June 2005

Before departure from your Point of Origin, you will, at Employer's expense, obtain necessary permits and clearances required for work in the Assignment Location. Fees for obtaining the necessary documents will be paid by Employer, or you will be reimbursed for these expenses upon presentation of written evidence of payment, as required by Employer. To the extent possible, Employer will assist you in obtaining the documents; however, it remains your sole responsibility to obtain the necessary documents. 22. Qualifications. Reclassification You represent that you are technically and/or professionally qualified without further training or experience to perform the duties and responsibilities applicable to the work classification for which you have been employed as stated herein; that you have such
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licenses, certificates and credentials as are required or customary for performance of the job for which you are assigned/hired; and that you will accept work assignments at any location within the Area of Operations as may be" assigned by Employer, at the hours and on such shifts as designated by Employer. In the event that Employer requires you to render services in a job classification other than that for which you were assigned/hired, you agree to perform such work in such classification to the best of your ability at the rate specified in this Agreement. 23. Date of Hire The date of assignment/hire for purposes of this Agreement shall be the effective date of this Agreement. The effective date of this Agreement will be entered by the Human Resources Department and is the day you go "wheels up" en route to your