Pruitt et al v. Act Fast Delivery, Inc. et al

Western District of Texas, txwd-5:2019-cv-00049

Exhibit A

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4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SANDRA PRUITT, JASMINE § HUNTSBERRY,YUVANNDA § WATSON, A YAN NUR, and KAREN § LAWSON, Individually and § On Behalf of All Others Similarly § Situated, § Plaintiffs, § § V. § § C.A. No. 5:19-CV-00049-DAE ACT FAST DELIVERY, INC.; ACT § FAST COURIER OF TEXAS, INC.; § ACT FAST DELIVERY OF § HOUSTON, INC.; ACT FAST OF § COASTAL BEND, INC.; ACT FAST § DELIVERY OF S.A., INC.; ACT § FAST DELIVERY OF TYLER, § INC.; ACT FAST DELIVERY OF § TRAVIS COUNTY, INC.; and § MIKE MILLER; § Defendants § DECLARATION OF JOHN JACKSON "My name is John Jackson. I am over the age of eighteen (18) years old and am duly qualified, authorized and competent to make this Declaration. The following facts are within my personal knowledge and are true and correct. I am the General Counsel for Defendants Act Fast Delivery, Inc.; Act Fast Courier of Texas, Inc.; Act Fast Delivery of Houston, Inc.; Act Fast of Coastal Bend, Inc.; Act Fast Delivery of S.A., Inc.; Act Fast Delivery of Tyler, Inc.; and Act Fast Delivery of Travis County, Inc. (collectively the "Defendants") and make this Declaration in my capacity as a corporate representative of the Defendants. I am also one of the custodians of the records of the Defendants. Attached hereto as Exhibits 1, 2, 3, and 4 are documents or records kept in the regular course of business of Defendants, and the information contained in Exhibits 1, 2, 3 and 4 was made at or near the time of the events reflected thereon. It was in the regular course of business of Defendants for its agent or employees, with personal knowledge of the facts, events, conditions and other information contained in Exhibits 1, 2, 3 and 4 to make such records or to transmit information to be included in such records. As custodian of records, I have reviewed the contents of Exhibits 1, 2, 3 and 4 and I have determined that they are accurate and there is nothing about the source of information or method or circumstances of their preparation that indicates any lack of trustworthiness. EXHIBIT A 4 I declare under penalty of perjury that the foregoing is true and correct. Executed on ?/olt9.e19, 2019. 28U.S.C.§1746. I EXHIBIT A 4 ac.bitration Agreement Any and all claims or controversies arising out of or relating to my employment, the tennination thereof, or otherwise arising between me and Act Fast Delivery of Texas and/or any of its subsidiaries or affiliations (collectively the "Company'') shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration before a neutral arbitrator (the "Arbitrator"), This agreement to arbitrate includes any claim, dispute, or controversy that either I may have against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) or the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) may have against me, arising from, related to, or having any relationship or connection whatsoever with my independent contractor agreement or relationship with the Company, or any other association or relationship with the Company, Except as noted below, included within the scope of this Agreement are all disputes, whether based on tort, contract (express or implied), statute (including, but noL limited to, any claims of breach of contract, wrongful tennination, discrimination and harassment, unpaid compensation of any kind, whether they be based on applicable state law or federal law, including any laws prohibiting discrimination, the Fair Labor Standards Act, or any other state or federal law or regulation, equitable law, or otherwise. The parties also agree to submit claims to the Arbitrator regarding issues of arbih·ability, the validity, scope, and enforceability of this Agreement, the arbitrator's jurisdiction, as well as any gateway, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable. Claims not covered under this Agreement are claims: (1) for workers' compensation under applicable state law; (2) arising under the National Labor Relations Act which are brought before the National Labor Relations Board; or (3) as otherwise required by state or federal law. Nothing herein shall prevent me from filing a claim or charge with a federal, state, or local administrative agency such as the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, or similar agency (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). Pending resolution of any claim covered by this Agreement, any party may request that a court of competent jurisdiction grant interim measures of protection: (1) to preserve the status quo pending resolution of such claim; (2) to prevent the destruction of -documents and other information or things related to the claim; (3) to prevent the transfer, dissipation or hiding of assets; and/or (4) in aid of arbitration. A request for such interim relief to a judicial authority shall not be deemed incompatible with or a waiver of the right to arbitrate. The Arbitrator shall, once appointed, have the authority to modify any interim relief granted by a court. Any arbitration under this Agreement shall be in accordance with the National rules for the Resolution of Disputes of the American Arbitration Association ("AAA") in effect at the time of the hearing. EXHIBIT A-1 4 The Arbitrator shall have the authority to award any and all damages otherwise recoverable in a court of law. The Arbitrator shall not have the authority to add to, subtract from or modify any of the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered and enforced by any court having jurisdiction thereof. The Company shall be responsible for the Arbitrator's fees and expenses. Each party shall be responsible for paying its own other costs for the arbitration, including, but not limited to, attorneys' fees, witness fees, transcript fees, or other litigation expenses that would otherwise be required in a court action. I shall not be required to pay any type or amount of expense if such requirement would invalidate this agreement or would otherwise be contrary to the law as it exists at the time of the arbitration. In addition to any other requirements imposed by law, the Arbitrator selected shall be a qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of a comt in the jurisdiction in which the arbitration takes place. All rules of pleading (including the right of demurrer and motion to dismiss), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, and judgment on the pleadings, shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the Arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The Arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an Arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with the applicable rule in the jurisdiction in which the arbitration takes place. Awards shall include the Arbitrator's written reasoned opinion. I understand and agree that all claims against the Company (or its owners, directors, officers, managers, employees, agents, and pa.iii.es affiliated with its employee benefit and health plans) must be brought in my individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. I understand that there is no right or authority for any dispute to be heard or arbitrated on a collective action basis, class action basis, representative action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Company employees (or any of them) or on behalf of other persons alleged to similarly situated. I understand that there are no bench or jury trials and no class actions or representative actions permitted under this Agreement. The Arbitrator shall not consolidate claims of different employees into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. I understand and agr~~ to this binding arbitration provision, and both I and the Company give up our right to trial by jury of any claim I or the Company may have against each other. I agree that I have been given the oppo1tunity to fully review the terms of this Agreement. I understand the te1ms of this Agreement and freely and voluntarily sign it. This Agreement shall survive the termination of any independent contractor relationship or any other relationship with the Company for any reason. It can only be revoked or modified in writing signed by both parties that specifically states intent to revoke or modify this Agreement. EXHIBIT A-1 4 G erat St J n Branch Manager- FW Act Fast Delivery of Texas Date: c:;:--/f?--;<~ EXHIBIT A-1 4 Arbitration Agreement Any and all claims or controversies arising out of or relating to my employment, the termination thereof, or otherwise arising between me and Act Fast Delivery of Tyler and/or any of its subsidiaries or affiliations (collectively the "Company") shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration before a neutral arbitrator (the "Arbitrator"). This agreement to arbitrate includes any claim, dispute, or controversy that either I may have against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) or the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) may have against me, arising from, related to, or having any relationship or connection whatsoever with my independent contractor agreement or relationship with the Company, or any other association or relationship with the Company. Except as noted below, included within the scope of this Agreement are all disputes, whether based on tort, contract (express or implied), statute (including, but not limited to, any claims of breach of contract, wrongful termination, discrimination and harassment, unpaid compensation of any kind, whether they be based on applicable state law or federal law, including any laws prohibiting discrimination, the Fair Labor Standards Act, or any other state or federal law or regulation, equitable law, or otherwise. The parties also agree to submit claims to the Arbitrator regarding issues of arbitrarily, the validity, scope, and enforceability of this Agreement, the arbitrator's jurisdiction, as well as any gateway, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable. Claims not covered under this Agreement are claims: (1) for workers' compensation under applicable state law; (2) arising under the National Labor Relations Act which are brought before the National Labor Relations Board; or (3) as otherwise required by state or federal law. Nothing herein shall prevent me from filing a claim or charge with a federal, state, or local administrative agency such as the Equal Employment Opportunity Commission, National Labor Relations Board, Depa11ment of Labor, or similar agency (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). Pending resolution of any claim covered by this Agreement, any party may request that a court of competent jurisdiction grant interim measures of protection: (1) to preserve the status quo pending resolution of such claim; (2) to prevent the destrnction of documents and other information or things related to the claim; (3) to prevent the transfer, dissipation or hiding of assets; and/or (4) in aid of arbitration. A request for such interim relief to a judicial authority shall not be deemed incompatible with or a waiver of the right to arbitrate. The Arbitrator shall, once appointed, have the authority to modify any interim relief granted by a court. Any arbitration under this Agreement shall be in accordance with the National rules for the Resolution of Disputes of the American Arbitration 1Jociati n ("AAA") in effcctatthetimcofthchearing. ~ 1 EXHIBIT A-2 4 The Arbitrator shall have the authority to award any and all damages otherwise recoverable in a court of law. The Arbitrator shall not have the authority to add to, subtract from or modify any of the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered and enforced by any court having jurisdiction thereof. The Company shall be responsible for the Arbitrator's fees and expenses. Each party shall be responsible for paying its own other costs for the arbitration, including, but not limited to, attorneys' fees, witness fees, transcript fees, or other litigation expenses that would otherwise be required in a court action. I shall not be required to pay any type or amount of expense if such requirement would invalidate this agreement or would otherwise be contrary to the law as it exists at the time of the arbitration. In addition to any other requirements imposed by law, the Arbitrator selected shall be a qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the jurisdiction in which the arbitration takes place. All rnles of pleading (including the right of demurrer and motion to dismiss), all rnles of evidence, all rights to resolution of the dispute by means of motions for summary judgment, and judgment on the pleadings, shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the Arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The Arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an Arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with the applicable rule in the jurisdiction in which the arbitration takes place. Awards shall include the Arbitrator's written reasoned opinion. I understand and agree that all claims against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) must be brought in my individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. I understand that there is no right or authority for any dispute to be heard or arbitrated on a collective action basis, class action basis, representative action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Company employees (or any of them) or on behalf of other persons alleged to similarly situated. 1 understand that there are no bench or jury trials and no class actions or representative actions permitted under this Agreement. The Arbitrator shall not consolidate claims of different employees into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. I understand and agree to this binding arbitration provision, and both I and the Company give up our right to trial by jury of any claim I or the Company may have against each other. I agree that I have been given the opportunity to fully review the terms of this Agreement. I understand the terms of this Agreement and freely and voluntarily sign it. This Agreement shall survive the termination of any independent contractor relationship or any other relationship with the Company for any reason. It can only be revoked or modified in writing signed by both parties that specifically states int~ t to revoke or modify this Agreement. V 2 ~ -- EXHIBIT A-2 4 COMPANY: SignedBy: ---- ~ Act Fast Delivery of Tyler Date: %-/Z-/~ 3 EXHIBIT A-2 4 Arbitration Agreement Any and all claims or controversies arising out of or relating to my employment, the termination thereof, or othe1wise arising between me and Act Fast Delivery of Texas and/or any of its subsidiaries or affiliations (collectively the "Company") shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration before a neutral arbitrator (the "Arbitrator"). This agreement to arbitrate includes any claim, dispute, or controversy that either I may have against the Company (or its owners, directors, officers, managers, employees, agents, and pai1ies affiliated with its employee benefit and health plans) or the Company (or its owners, directors, officers, managers, employees, agents, and pai1ies affiliated with its employee benefit and health plans) may have against me, arising from, related to, or having any relationship or connection whatsoever with my independent contractor agreement or relationship with the Company, or any other association or relationship with the Company. Except as noted below, included within the scope of this Agreement ai·e all disputes, whether based on tort, contract (express or implied), statute (including, but not limited to, any claims of breach of contract, wrongful termination, discrimination and harassment, unpaid compensation of any kind, whether they be based on applicable state law or federal law, including any laws prohibiting discrimination, the Fair Labor Standards Act, or any other state or federal law or regulation, equitable law, or otherwise. The parties also agree to submit claims to the Arbitrator regarding issues of arbitraiily, the validity, scope, and enforceability of this Agreement, the arbitrator's jurisdiction, as well as any gateway, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable. Claims not covered under this Agreement are claims: (1) for workers' compensation under applicable state law; (2) arising under the National Labor Relations Act which are brought before the National Labor Relations Board; or (3) as otherwise required by state or federal law. Nothing herein shall prevent me from filing a claim or charge with a federal, state, or local administrative agency such as the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, or similar agency (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). Pending resolution of any claim covered by this Agreement, any party may request that a court of competent jurisdiction grant interim measures of protection: (1) to preserve the status quo pending resolution of such claim; (2) to prevent the destruction of documents and other information or things related to the claim; (3) to prevent the transfer, dissipation or hiding of assets; and/or (4) in aid of arbitration. A request for such interim relief to a judicial authority shall not be deemed incompatible with or a waiver of the right to ai·bitrate. The Arbitrator shall, once appointed, have the authority to modify any interim relief granted by a court. Any arbitration under this Agreement shall be in accordance with the National rnles for the Resolution of Disputes of the American Arbitration Association ("AAA") in effect at the time of the hearing. 1 EXHIBIT A-3 4 The Arbitrator shall have the authority to award any and all damages otherwise recoverable in a comi of law. The Arbitrator shall not have the authority to add to, subtract from or modify any of the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered and enforced by any court having jurisdiction thereof. The Company shall be responsible for the Arbitrator's fees and expenses. Each party shall be responsible for paying its own other costs for the arbitration, including, but not limited to, attorneys' fees, witness fees, transcript fees, or other litigation expenses that would otherwise be required in a court action. I shall not be required to pay any type or amount of expense if such requirement would invalidate this agreement or would otherwise be contrary to the law as it exists at the time of the arbitration. In addition to any other requirements imposed by law, the Arbitrator selected shall be a qualified individual to whom the paiiies mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the jurisdiction in which the arbitration takes place. All rnles of pleading (including the right of demu11er and motion to dismiss), all rnles of evidence, all rights to resolution of the dispute by means of motions for summary judgment, and judgment on the pleadings, shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the Arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The Arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an Arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with the applicable rnle in the jurisdiction in which the arbitration takes place. A wards shall include the Arbitrator's written reasoned opinion. I understand and agree that all claims against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) must be brought in my individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. I understand that there is no right or authority for any dispute to be heard or arbitrated on a collective action basis, class action basis, representative action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Company employees (or any of them) or on behalf of other persons alleged to similai·ly situated. I understand that there are no bench or jury trials and no class actions or representative actions permitted under this Agreement. The Arbitrator shall not consolidate claims of different employees into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. I understand and agree to this binding arbitration provision, and both I and the Company give up our right to trial by jury of any claim I or the Company may have against each other. I agree that I have been given the opportunity to fully review the terms of this Agreement. I understand the terms of this Agreement and freely and voluntarily sign it. This Agreement shall survive the termination of any independent contractor relationship or any other relationship with the Company for any reason. It can only be revoked or modified in writing signed by both pmiies that specifically states intent to revoke or modify this Agreement. 2 EXHIBIT A-3 4 COMPANY· _ w Signed By:l ~~ !.:faJ}ls:j ~ jJae Signed By lC: ~_,_______,_--,.-_ Andy Perez Print Name: - - - ~- ' - - ' - -- Act Fast Delivery of Texas Ops. Manager ',,,,.- Date: /d-- 7-/0 3 EXHIBIT A-3 4 Arbitration Agreement Any and all claims or controversies arising out of or relating to my employment, the termination thereof, or otherwise arising between me and Act Fast Delivery of Texas and/or any of its subsidiaries or affiliations (collectively the "Company") shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration before a neutral arbitrator (the "Arbitrator"). This agreement to arbitrate includes any claim, dispute, or controversy that either I may have against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) or the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) may have against me, arising from, related to, or having any relationship or connection whatsoever with my independent contractor agreement or relationship with the Company, or any other association or relationship with the Company. Except as noted below, included within the scope of this Agreement are all disputes, whether based on tort, contract (express or implied), statute (including, but not limited to, any claims of breach of contract, wrongful termination, discrimination and harassment, unpaid compensation of any kind, whether they be based on applicable state law or federal law, including any laws prohibiting discrimination, the Fair Labor Standards Act, or any other state or federal law or regulation, equitable law, or otherwise. The parties also agree to submit claims to the Arbitrator regarding issues of arbitrarily, the validity, scope, and enforceability of this Agreement, the arbitrator's jurisdiction, as well as any gateway, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable. Claims not covered under this Agreement are claims: (1) for workers' compensation under applicable state law; (2) arising under the National Labor Relations Act which are brought before the National Labor Relations Board; or (3) as otherwise required by state or federal law. Nothing herein shall prevent me from filing a claim or charge with a federal, state, or local administrative agency such as the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, or similar agency (although if I choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement). Pending resolution of any claim covered by this Agreement, any party may request that a court of competent jurisdiction grant interim measures of protection: (1) to preserve the status quo pending resolution of such claim; (2) to prevent the destruction of documents and other information or things related to the claim; (3) to prevent the transfer, dissipation or hiding of assets; and/or (4) in aid of arbitration. A request for such interim relief to a judicial authority shall not be deemed incompatible with or a waiver of the right to arbitrate. The Arbitrator shall, once appointed, have the authority to modify any interim relief granted by a court. Any arbitration under this Agreement shall be in accordance with the National rules for the Resolution of Disputes of the American Arbitration Association ("AAA") in effect at the time of the hearing. 1 EXHIBIT A-4 4 The Arbitrator shall have the authority to award any and all damages otherwise recoverable in a court of law. The Arbitrator shall not have the authority to add to, subtract from or modify any of the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered and enforced by any court having jurisdiction thereof. The Company shall be responsible for the Arbitrator's fees and expenses. Each party shall be responsible for paying its own other costs for the arbitration, including, but not limited to, attorneys' fees, witness fees, transcript fees, or other litigation expenses that would otherwise be required in a court action. I shall not be required to pay any type or amount of expense if such requirement would invalidate this agreement or would othe1wise be contrary to the law as it exists at the time of the arbitration. In addition to any other requirements imposed by law, the Arbitrator selected shall be a qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the jurisdiction in which the arbitration takes place. All rules of pleading (including the right of demurrer and motion to dismiss), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, and judgment on the pleadings, shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the Arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The Arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an Arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with the applicable rule in the jurisdiction in which the arbitration takes place. Awards shall include the Arbitrator's written reasoned opinion. I understand and agree that all claims against the Company (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) must be brought in my individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. I understand that there is no right or authority for any dispute to be heard or arbitrated on a collective action basis, class action basis, representative action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Company employees (or any of them) or on beha]f of other persons alleged to similarly situated. I understand that there are no bench or jury trials and no class actions or representative actions permitted under this Agreement. The Arbitrator shall not consolidate claims of different employees into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. I understand and agree to this binding arbitration provision, and both I and the Company give up our right to trial by jury of any claim I or the Company may have against each other. I agree that I have been given the opportunity to fully review the terms of this Agreement. I understand the terms of this Agreement and freely and voluntarily sign it. This Agreement shall survive the termination of any independent contractor relationship or any other relationship with the Company for any reason. It can only be revoked or modified in writing signed by both parties that specifically states intent to revoke or modify this Agreement. 2 EXHIBIT A-4 4 COMPANY: Signed By:_ ~-ilff!.tj Date: V3 - 3/- 'J. 0/7 3 EXHIBIT A-4