attachment 1 motion to change venue by kellogg brown

EXHIBIT1

Case 1:07-cv-00295-TH Document 21 Filed 06/11/2007 of 32Jones, Et Al v. Halliburton Company et al Doc. 21 Att. 1

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

JAMIE LEIGH JONES andJOSEPH DAIGLE

Plaintiffs,

vs.

HALLIBURTON COMPANY d/b/aKBR KELLOGG BROWN & ROOT(KBR); KELLOGG BROWN & ROOT,SERVICES, INC.; KELLOGGBROWN & ROOT INTERNATIONAL,INC.; KELLOGG BROWN & ROOT,LLC; KELLOGG BROWN & ROOT,INC.; KELLOGG BROWN & ROOT,S. de R.L.; KELLOGG BROWN &ROOT (KBR), INC.; KBRTECHNICAL SERVICES, INC.;OVERSEAS ADMINISTRATIVESERVICES, LTD.; ERIC ILER,CHARLES BOARTZ; SEVERALJOHN DOE RAPISTS, and THEUNITED STATES OF AMERICA

Defendants.

STATE OF TEXAS

COUNTY OF HARRIS

§§§§§§§§§§§§§§

§§§§§§§§§§§

CIVIL ACTION NO. 1:07-CV-0295

JURY TRIAL DEMANDED

AFFIDAVIT OF DEAN GRAVES

§

§

BEFORE ME, the undersigned authority, a Notary Public in and for the above county andstate, on this day personally appeared Dean Graves, known to me to be the person whose name issubscribed 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 andhave personal knowledge of the facts.

2. I am Senior Counsel with KBR, Inc. ("KBR") and support KBR's HumanResources department. In my capacity as Senior Counsel, I am familiar with the corporatestructure of KBR and its subsidiaries and affiliates and the products and services offered by those

Houston 3 283071 v.l

Case 1:07-cv-00295-TH Document 21 Filed 06/11/2007 of 32

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 Delawareand 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 primaryplace of business is Houston, Texas.

5. Kellogg Brown & Root LLC is incorporated in Delaware. Its primary place ofbusiness is Houston, Texas.

6. Kellogg Brown & Root, S. de R.L. is incorporated in Panama. Its primary placeof business is Houston, Texas.

7. KBR Technical Services, Inc. is incorporated in Delaware. Its primary place ofbusiness is Houston, Texas.

8. Kellogg Brown & Root, Inc. is no longer an active entity, as it was merged onDecember 31, 2005. Kellogg Brown & Root LLC is successor to this entity's rights andinterests. It previously was incorporated in Delaware and based in Houston, Texas.

9. KBR's business operations within the Eastern District are limited to one industrialjobsite 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. governmentabroad, including operations in Iraq. Certain foreign subsidiaries of KBR employ persons toperform work on the LOGCAP project in performing under U.S. government contracts. One ofthese foreign subsidiaries is Overseas Administrative Services ("OAS"). OAS is incorporated inthe 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 bewitnesses 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. Hepreviously worked for KBR in Houston. Mr. Iler's last known address in the United States was aP.O. Box in Hardin, Texas.

b) Frederick Heard is a Production Group Leader for KBR in Houston. Mr. Heard'slast 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.

Houston 3283071 v.l


d) Pete Arroyo, who was a Senior Operations Coordinator in Iraq, separated fromemployment in October 2005. His last known permanent residence was in Fayetteville, NorthCarolina.

e) Darrell Kaigler is a Logistics Supervisor currently on assignment in Iraq. His lastknown permanent residence was in Charlotte, North Carolina.

f) Kristen Rumba, who was a physician's assistant in Iraq, separated fromemployment 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 permanentresidence was in Deer Park, Texas (Houston area).

h) William Goodgine, who was a Senior Security Coordinator, separated fromemployment in February 2006. His last known permanent residence was in Fayetteville, NorthCarolina.

i) Stephen Pamell, who was a Security Coordinator, separated from employment inOctober 2005. His last known permanent residence was in Warren, Arkansas.

j) Randy Hultz, who was a Security Coordinator, separated from employment inFebruary 2006. His last known permanent residence was in Leesville, Louisiana.

k) Charles Bortz, who was a Fire Crew Chief, separated from employment in June2006. His last known permanent residence was in Navarre, Florida.

1) Kara Hall is a Senior HR Generalist currently on assignment in Iraq. His lastknown permanent residence was in Missouri City, Texas (Houston area).

m) Janie Armstrong, who was a Senior HR Generalist, separated from employment inDecember 2005. Her last known permanent residence was in Stillwater, Oklahoma.

n) Gabe Andino is an Operations Manager for KBR in Houston. His last knownpermanent residence was in the Woodlands, Texas (Houston area).

o) Debbie Woodhams, who was a Senior Employee Assistance ProgramRepresentative, separated from employment in July 2006. Her last known permanent residencewas in Winston-Salem, North Carolina.

p) Ron Boutwell, who was an HR Supervisor, separated from employment in March2007. His last known permanent residence was in Cape Canaveral, Florida.

The above information regarding these persons' titles, locations, and permanentresidences is based on personnel records of KBR or its subsidiaries.

Houston 3283071v.l


6. The following individuals were not employed by KBR or its subsidiaries, andtheir residences could not be determined from KBR records:

a) Major Jodi Schultzb) Timothy Lunardic) Matthew McCormackd) Heidi McMichael

Dated this day of _, 2007, at Houston, Texas.

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

YOLANDA SOLORIONotary Public, State of Texas

Commission Expires 03-15-2009

ojary Public in arid for theiteof T E X A S

Date

Houston 3283071 v.l


EXHIBIT2



BEAUMONT DIVISION

JAMIF. I,HIGH JONES andJOSEPH DAIGLE

Plaintiffs,

vs.

HALLIBURTON COMPANY d/b/aKBR KELF.OGG BROWN & ROOT(KBR); KELLOGG BROWN & ROOT,SERVICES, INC.; KF.LLOGGTIROWN & ROOT INTERNATIONALINC.; KELLOGG BROWN & ROOT,LLC; KELLOGG BROWN & ROOT,INC.; KELLOGG BROWN & ROOT,S. de R.L.; KbLLOGG DROWN &ROOT (KBR), INC.; KBRTECHNICAL SERVICES, INC.;OVERSEAS ADMINISTRATIVESERVICES, LTD.; F.R1C ILER,CHARLES BOART7; SEVERALJOHN UOF RAPISTS, and THEUNITED STATES OF AMERICA

Defendants.

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§§§

§

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CIVIL ACTION NO. 1:07-CV-U29S

JURY TRIAL DEMANDED

STATE OF TEXAS

COUNTY OF T-IARR1S

AFFIDAVIT OF JANET BROOKS

§

§

BEFORE ME, this undersigned authority, a Notary Public in and for the above county andstate, on tills day personally appeared Jancl Brooks, known to me to he the person whose name issubscribed hereto, and having been first duly sworn, did depose and state:

My name is Jane!: Brooks. I am a Human Resources Supervisor with KBR TechnicalServices, Inc. ("KDRTSl"), a subsidiary of KBR. Inc. ("KBR"X -I certify thai I am competent tomake 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. governmentabroad, including operations in Iraq. Certain foreign subsidiaries of KBR, such as Overseas


Administrative Services, Ltd. ("OAS") employ persons to perform work on the LOGCAP ITTproject in performing under U.S. government contracts. In my capacity as Human ResourcesSupervisor, T oversee the recruiting and processing of these employees.

As the overseer of this process, 1 am familiar with the orientation and processing ofindividuals prior to their deployment for overseas assignment to the LOGCAP III project. Allcandidates ibr employment on the project must attend a week of orientation in Houston prior totheir hiring. This orientation includes briefing on safely and security matters, harassment-freeworkplace policies, the KBR corporate anti-harassment policy, procedures for reporting anyproblem, a prohibition against retaliation, a description of KBR's open door policy and theannouncement of a toll free number for its Employee Assistance Program. Recruits mustcomplete this orientation prior to signing an employment agreement in Houston and beingdeployed overseas. Documents and presentations related to orientation (besides those individualcopies kept by employees) are kept in Houston.

In my professional capacity. T also have access to and am familiar with the personnelrecords 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 Jonesinitially was hired by KBRTST as a temporary administrative associate on April 15, 2004. OnMarch 26. 2005, she transferred to an operations specialist position in Houston. She then appliedfor a position in Iraq. When she was hired to work in Iraq, she listed a Conroe, Texas address asher residence. She signed an OAS contract in Houston, and was hired effective July 21, 2005 towork as an administrative assistant in Baghdad.

limployme-nt records for OAS employees such as Jones are maintained in Houston aswell 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 copiesfrom 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 whichwitness my hand and official seal.

5SSB

CHERYL M. NETHERYiNOTARY PUBLICSTATE OF TEXAS .

COMM. EXPIRES 08.0fl.2000NotaryState ol

lie in and For theF. X A. S


EXHIBIT

3


12/06/2005 Employee History Report

ZPLEHSUO

00307429 452-75-9668 Jones, Jamie Leigh '- •-'•-'••O4/15/04 - 07/24/04 Status: 3Event: 62 Hire applicantReason:Co.: 1211 KBR Technical ServicesPA: 0533 B&R Clinton Dr Houston -WK PerSubA: 0005EE Grp: 6 Temporary EE Subgroup: 01 Hourly-OT iEE Contract: U7 DO NOT USE KBR 'Sending Cost Ctr: 1205060741 BrowntempsDept: 44040291 BROWNTEMPS-1211-120506074Job: 45000381 A401-Administrative Pos: 53234795Leg Job No: Q01240681Pay scale: B Pay scale level: Rate: 10.00 Hourly

O7/25/04 - 03/26/05 Status: 3Event: 02 Change of Org AssignmentReason: Jl Job Change with transferCo.: 1211 KBR Technical ServicesPA: 0856 BRS - LOGCAP III PerSubA: 0005EE Grp: 1 Regular ertployee EE Subgroup: 01 Hourly-OT 1EE Contract: U9 BRSC - Govt OpsSending Cost Ctr: 1200535022 US/IC Job OOGYDept: 52996111 LOGCAP III-1211-120509800Job: 53140572 I307-IT Desktop Tech Pos: 53265109Pay scale: E Pay scale level: Rate: 15.00 Hourly

03/27/05 - 04/16/05 Status: 3Event: 16 Change PayReason: 14 Rate Error CorrectionCo.: 1211 KBR Technical ServicesPA: 0856 BRS - LOGCAP III PerSubA: 0005EE Grp: 1 Regular employee EE Subgroup: 05 Salaried-OT 1EE Contract: U9 BRSC - Govt OpsSending Cost Ctr: 1200535022 US/IC Job OOGYDept: 52996111 LOGCAP III-1211-120509SOOJob: 53000175 J017-0perations Spec Pos: 53396891Leg Job No: S01161920Pay scale: F Pay scale level: Rate: 3,120.00 Periodic (salary)

04/17/05 - 07/20/05 Status: 3Event: 16 Change PayReason: 14 Rate Error CorrectionCo.: 1211 KBR Technical ServicesPA: 0856 BRS - LOGCAP III PerSubA: 0005EE Grp: 1 Regular employee EE Subgroup: 05 Salaried-OT 1EE Contract: U9 BRSC - Govt OpsSending Cost Ctr: 1200535041 US/US Job OOGYDept: 52996111 LOGCAP III-1211-120509800Job: 53000175 J017-0perations Spec Pos: 53396S91Leg Job No: S01161920Pay scale: F Pay scale level: Rate: 3,120.00 Periodic (salary)

07/21/05 - 08/06/05 Status: 3Event: 02 Change of Org AssignmentReason: Jl Job Change with transferCo.: 3153 Overseas Admin.Serv. LtdPA: ZXHI OAS-Iraq-LOGCAP III FerSubA: 0005EE Grp: I Expat-Project EE Subgroup: 05 Salaried-OT 1EE Contract: U9 BRSC - Govt OpsSending Cost Ctr: 1200535041 US/US Job OOGY


12/06/2005 Employee History Report

ZPLEHSUO

Dept: 43008015 Gross Labor Pass ThroughJob: 45000349 A369-Senior Desktop Pos: 53430564Leg Job No: S01161920Pay scale: G Pay scale level: Rate: 3,500.00 Periodic (salary)

08/07/05 - 12/06/05 Status; 3Events 02 Change of Org AssignmentReason: Jl Job Change with transferCo.: 3153 Overseas Admin.Serv. LtdPA: ZXHI OAS-Iraq-LOGCAP III PerSubA: 0005EE Grp: I Expat-Project EE Subgroup: 05 Salaried-OT 1EE Contract: U9 BRSC - Govt OpsSending Cost Ctr: 1200535207 OAS 4.6 to 4.7 OOGYDept: 43008015 Gross Labor Pass ThroughJob: 45000349 A369-Senior Desktop Pos: 53430564Pay scale: G Pay scale level: Rate: 3,500.00 Periodic (salary)

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


EXHIBIT4


f-

Overseas KJministration SerC^es, Ltd,DATA SHEET

1. Employer: Overseas Administration Services, Ltd.

2. Employee: Jamie Leigh Jones

Per Diem: SO

.4S .!>

. K . - n ' ^Person to be notified in case of emergency:

3. Location of Overseas Assignment:U.S. Army's Central Command Area ofOperationsCurrently anticipated to be: Iraq / III Corps MA A- A

4. Status: Single

5. Job Classification: IT Customer Support Analyst

6. Assignment Duration:

The duration of your assignment is anticipated to beapproximately twelve months. There is no minimumguaranteed duration of employment. You mayterminate your employment at any time, subject to lossof compensation and incentives, if any, as specifiedherein, and Employer may likewise terminate youremployment at any time, for any reason, including forits sole convenience.

7. Compensation:Foreign Service Bonus, Area Differential and HazardPay may change w ithout prior notice during the termof this Agreement. Changes to Base Salary will notbe effective unless in writing and signed by the InCountry Manager and Project General Manager.

a. Base Salary: S3.500.00b. Payroll period: MONTHLYc. Overtime basis: Straightd. Foreign Service Bonus: 5%

e. Area Differential: 25%

f. Danger Pay: 25%

g. Housing in Country: Furnisheq1

h. Transportation in Country: Furnished

Effective Date: JUL 2 1 2QQ3

ACCEPTED

Agent:

By:KBR Technical Services, Inc.

Date: July 15.2005


EXHIBIT5


EMPLOYMENT AGREEMENT(Foreign Service- Single Status Assignment)

US CITIZEN

Employee: Jamie Leigh Jones Date: July IS. 2005

This Employment Agreement sots forth the terms andconditions of employment between you and OverseasAdministration Services, Ltd., ("Employer") for youremployment in support of the U.S. Army's Area ofOperation under the U.S. Contract DAAA09-02-D0007.This Employment Agreement includes the Data Sheetthat is attached. In the event of any conflict betweenthese documents, the terms of the EmploymentAgreement will control.

GENERAL TERMS AND CONDITIONS

1. You agree to perform services of the jobclassification shown on the Data Sheet, and otherservices within your capability as requested byEmployer. You may terminate your employment at anytime, subject to loss of compensation, if any, as specifiedherein, and Employer may likewise terminate youremployment at any time, for any reason, including for itssole convenience. Earned but unpaid compensation willbe paid if Employer terminates your employment for itsconvenience or for any other reason.

2. This Agreement and the attached Data Sheet showspecific terms and conditions of your initial employmentassignment, the identity of the corporation that will beyour Employer, the position for which you are initiallyassigned/hired and location of the project, your rate ofpay and other applicable benefit programs. In addition,you are responsible for compliance with the HalliburtonCode of Business Conduct, Corporate Policies andKellogg Brown & Root Business Practices.

3. As an employee of Overseas AdministrationServices, Ltd, you will be eligible to participate in theKellogg Brown & Root Retirement and Savings Plan,subject to its terms of eligibility, and other employeebenefit plans available to Kellogg Brown & Rootemployees in the United States, if applicable.

4. Except for insurance, Employer shall have noliability in damages whatsoever to you for injuries,disabilities, detention, death or other losses arising outof, or in connection with terrorism, war (declared or

undeclared), rebellion, labor strike or unrest, civil strifeor acts of the civil authority or armed forces of anynation; provided, however, in the event of capture, youwill be paid in accordance with the Specific Terms andConditions of Capture and Detention. In an emergency.Employer may, at its discretion, elect to evacuate you tosome secure location. Your sole recourse for any injury,illness, or death arising out of or in the course of youremployment under this Agreement shall be asdetermined under the provisions of the Defense BaseAct.

5. Your compensation is identified on the attachedData Sheet. Each pay period, you will be paid byapplying the amount earned, after deducting mandatorytax withholdings, your authorized employee benefitcharges, and any advances, reserves, or other obligationsto Employer. Your pay will be sent to the location youdesignate on the check disposition form. In the eventyou elect to contribute to the employee savings accountportion of the Kellogg Brown & Root Retirement andSavings Plan, such contribution shall be deducted fromyour check and deposited by Employer on your behalf.While employed under the terms and conditions of thisEmployment Agreement your Top Flex account isfrozen, and no contributions or deductions are allowable.

6. Payments shall be made on a monthly basis. Wagepayments shall be subject to deductions required by law,deductions provided for in this Agreement and suchdeductions as you from time to time may authorize inwriting.

7. Employer will pay your travel expenses fromHouston, Texas or your designated Point of Origin to theAssignment Location and your return to your Point ofOrigin at the most economical and practical airfareavailable. No other relocation or repatriation expenseswill be provided. Note: In accordance with FederalAcquisition Regulation 52.247-63 - Preference for U.S.-Flag Air Carriers, all flights must be on a U.S. Flag AirCarrier unless the exceptions identified in the regulationare met and properly documented

LOGCAP HI OAS Employment AgreementUpdated 28 June 2005

1 of 13 pages


r

8. Since your employment is terminable at any time bycither party, Employer assumes no responsibility Tor anyloss related to your decision to dispose of real orpersonal property or to resign from other employment orbusiness arrangements. Any such arrangements that youmake are made at your risk, on your own best judgment.

9. You understand and agree that the employmentrelationship is at will and that there is no guarantee ofcontinued employment or any commitment on the part ofEmployer, either express or implied, to renew thisEmployment Agreement for any additional term orperiod.

10. Employer ceases to be liable for fulfillment ofany and all obligations stated in this Agreement upon thetermination of employment. However, upon terminationEmployer shall pay you all earned and unpaid InterimLeave benefits and demobilization travel back to yourPoint of Origin. If you resign or are terminated forcause, you will forfeit any unpaid Interim Leave exceptwhere you were prohibited from taking Interim Leave byproject management. In such cases, you will be paid foryour Interim Leave days only to which you are otherwiseeligible and entitled.

11. You agree to comply with all laws andregulations, both civil and U.S. military (to include U.S.Army Command Directives), applicable at theAssignment Location or the Job Site, and while onauthorized travel status, and such other rules,regulations, and policies as the Employer may establishfrom time to time. You understand that the Job Site maybe under the supervision of military authorities, andagree that compliance by Employer with any order,directive or regulation promulgated by militaryauthorities, which results in a breach or default byEmployer with the terms of this Agreement shall excuseEmployer for any such breach or default.

SPECIFIC TERMS AND CONDITIONS

1. Assignment Duration

The duration of your assignment is anticipated to beapproximately 12 months. There is no minimumguaranteed duration of employment. This Agreementshall remain in full force and effect for the duration ofthe assignment, including any extensions.

Your assignment will be in the U.S. Army's CentralCommand Area of Operation. Your Assignment

Location may be changed at any time within the Area ofOperations, at the sole discretion of Employer.

You are aware that the Assignment Location may be apotentially hazardous environment. Although the U.S.Government is responsible for providing security forEmployer's operations, your acceptance of thisassignment constitutes acceptance and acknowledgmentof the risks and the willingness to stay in the AssignmentLocation until directed by the Employer to evacuate.

2. Compensation

You will receive the compensation listed below, basedupon your individual job classification. In-CountryProject Manager and the Project General Manager mustapprove any job classification or rate adjustment(s) inwriting, and any changes in job classification or salaryare only effective on the date indicated on the formalPersonnel Action Notice (PAN). No rate increase willbe awarded unless there is adequate justification tosupport it.

Base Salary: $3.500.00 per month.

You will be paid a Base Monthly Salary as specifiedabove on the basis of a minimum 40-hour workweek.There is no guarantee of more than 40 hours of work perweek. Foreign Service Bonus, Work Area Differentialand Hazard Pay, if appropriate, apply only to the first 40hours worked each week. All hours worked over 40hours per week will be paid at the straight time rate. Thepayroll period is monthly, with the pay ending date onSaturday of each pay period. All rate adjustments willbe effective at the beginning of a pay week. Forpurposes of calculating the hourly rate for straight timepay, the following formula is used:

Base Salary per month x 12 months = Straight Time2080 hours Rate per Hour

If you are placed on a standby status, while on standbystatus, you will be paid Base Salary on the basis of 8hours per day, not to exceed 40 hours per week standbypay. Foreign Service Bonus continues to apply duringthe standby period while In Country. If you are placedon standby status while physically located in a worklocation which has an identified Work Area Differentialand/or Hazard Pay, the Work Area Differential and/orHazard Pay will also apply during the standby period

(a) Capture and Detention

LOGCAP HI OAS Employment Agreement

Updated 28 June 20052 of 13 pages


In the event you are taken and held prisoner, hostage orotherwise detained by a hostile force or the force of anypower not allied with the United States while on foreignassignment. Employer will continue to pay your BaseSalary at the straight lime rate per hour being paid on thedate of capture and/or detention. The number of hoursper day you will be paid will be the average number ofhours worked per day over the past two monthsimmediately preceding detention. Foreign ServiceBonus and Work Area Differential uplifts that you areeligible for immediately preceding detention willcontinue for the duration of detention during the first 40hours of each workweek. You will also be paid HazardPay for the first 40 hours of each week for the durationof your detention, regardless of whether you werereceiving a Hazard Pay differential immediatelypreceding detention. Compensation benefits willcontinue for the period of detention or internment andwill be paid to your authorized party. Additionally,Employer is authorized to continue to process yourcontribution for insurance as established by you prior tothe period of detention or internment. Such contributionwill be deducted from your compensation benefits priorto payment of the compensation benefits to yourauthorized party. This will ensure insurance coverageremains in full force and effect throughout the period ofyour detention or internment.

(b) Foreign Service Bonus:

A Foreign Service Bonus is provided as a financialincentive for you to accept a foreign assignment and toencourage you to remain at the foreign location. Accrualof the Foreign Service Bonus starts upon the date ofactual departure from the Point of Origin for theAssignment Location and ends on the date of return tothe Point of Origin. The Foreign Service Bonus appliesto Base Salary only, and excludes any overtime orextended work week allowance and will be paid each payperiod. Foreign Service Bonus is 5% of Base Salary,unless otherwise amended in writing.

(c) Work Area Differential

A Work Area Differential recognizes work areahardship, weather extremes, or severe cultural orsociological differences. The Work Area Differentialstarts upon mobilization to the Assignment Location andends on the last day at the Assignment Location. TheWork Area Differential is applied to Base Salary onlyand will be paid each pay period. The Work AreaDifferential at the Assignment Location may be reviewed

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

(d) Foreign Tax/Social Insurance Protection

Foreign Tax/Social Insurance Protection approximatesthe additional cost incurred by you due to yourassignment in a foreign country.

It is currently anticipated that the Client will obtain anexemption or waiver of foreign taxes and socialinsurance obligations on your behalf. Consequently, noadjustment has been included in the Work AreaDifferential for these potential obligations. Should theClient fail to achieve the exemption or waiver. Employerwilt pay the foreign taxes and/or other host countrystatutory obligations on your behalf and seekreimbursement from the U.S. Government in accordancewith Federal Acquisition Regulation 3I.205-6(e). Youwill be responsible for completing and/or signing allnecessary paperwork associated with the foreign taxesand/or other host country statutory obligations.

(e)

Hazard Pay, if and when authorized by the FederalGovernment, is based on Assignment Location. Ifapplicable. Hazard Pay applies to Base Salary only.Hazard Pay may be reviewed and adjusted at any time byEmployer, without notice or a specific amendment to thisEmployment Agreement. The Hazard Pay in effect atthe Date of Hire is identified in the Data Sheet.

3. Taxes

You will be personally responsible for compliance withapplicable home country tax laws and regulations,including but not limited to, the payment of income taxesand PICA.4. Sick Leave

You will accrue 8 hours of sick leave for each full monthof service, beginning with the completion of the first fullmonth of your Foreign Service employment. Sick leavewill not be paid in advance of it being earned. Partialmonths will not be prorated. The maximum allowableaccumulation is 96 hours within any 12-month period.Approval of sick leave requires documentation from acertified medical professional. Sick leave benefits willbe paid at 8 hours straight time per day. No paymentwill be made for unused sick leave, nor may sick leave

LOGCAP III OAS Employment AgreementUpdated 28 June 2005

3 of 13 pages


accruals be used retroactively. Sick Leave is onlyapplicable when you are In Theater and may not becombined with Interim Leave and/or Leave With OutPay (LWOP) when the LWOP is taken away from theWork Assignment location.

5.

You will be paid 8 hours straight time tor any authorizedholidays observed and not worked. Any approvedproject holidays that are worked will be paid at straighttime. You must be in Country at your AssignmentLocation to observe the holiday. Because of operationalrequirements to provide continued support to the Client,it may not be feasible for all employees to observe localholidays concurrently; therefore, holidays may be takentwo weeks on either side of the actual day, or longer withIn-Country Project Manager or Project General Managerwritten approval. Holidays cannot be combined withInterim Leave, however, with advance In TheaterCountry/Region Management approval, if you are InCountry at your Assignment Location to observe aholiday, you may combine the holiday with LeaveWithout Pay following the holiday. (In other words, youwake up in Country on your holiday, but travel later thatday and go on leave without pay as authorized inadvance by the In Theater Country Manager).

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

6. Mobilization and Demobilization

You will be mobilized and demobilized from and to yourPoint of Origin. You will be paid for mobilization traveltime not to exceed two 8-hour days at Base Salary plusForeign Service Bonus, Work Area Differential. Duringdemobilization, you will be paid travel time not toexceed two 8-hour days at Base Salary plus ForeignService Bonus. In accordance with Federal AcquisitionRegulation 52.247-63 - Preference for U.S.-FIag AirCarriers, all flights must be on a U.S. Flag Air Carrierunless the exceptions identified in the regulation are metand properly documented

7. Local Housing and Transportation

You will be furnished transportation and housing at theAssignment Location. Meals will be provided. Wheremeals (e.g. KBR controlled or Government operatedDining Facilities, MREs, Meal Plan, etc.) are notprovided, a Company Approved Per Diem (CAPD) maybe authorized in lieu of reimbursement for actual

8. Travel Expenses

(a) Point of Origin

Your established Point of Origin will be the closestmajor commercial airport facility to the address listed onthe first page of this Agreement This is the locationfrom and to which your travel and other expensesprovided by Employer will be payable. Point of Originmay not change during the term of employment underthis Agreement.

(b) Airfare Expenses

Your airfare expenses from the Point of Origin to theAssignment Location and return will be paid byEmployer on an economy fare basis. In accordance withFederal Acquisition Regulation 52.247-63 — Preferencefor U.S.-FIag Air Carriers, all flights must be on a U.S.Flag Air Carrier unless the exceptions identified in theregulation are met and properly documented.

(c) Other Expenses

Travel expenses other than air transportation will bereviewed on a case by case basis by the Project Manager.Shipment of excess baggage of personal items is apersonal expense and will not be reimbursed.

9. Interim Leave (Also referred to as RAR)

Interim Leave is time away from the project during theassignment period due to hardships, lack of amenitiesand cultural disorientation in the Assignment Location.Interim Leave is expected to be taken but is subject toproject schedules and requires approval from yoursupervisor and the In-Country Project Manager. InterimLeave will not be approved unless the job assignment isexpected to last for a period of at least 30 days beyondthe qualification date.

The following Interim Leave schedule will apply:

Upon completion of 120 days of assignment: A 10-consecutive-day leave.Upon the completion of 240 days of assignment:A 10-consecutive-day leave.Upon completion of 365 days of assignment: A 10-consecutive-day leave.Labor:

LOGCAP 111 OAS Employment Agreement

Updated 28 June 200S

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R&Rs will be every 4 months for a total of three R&Rsper year. All R&Rs will be paid a total of 80 hours atstraight time (no uplifts) over a minimum of 10 daysleave. The R&Rs will not be accrued; therefore, theywill either be observed or forfeited. Employees on theOAS, KBR 1917, and SEII payroll will not be eligiblefor vacation or Tup-flex accrual while on overseasLOGCAP assignments.

Airfare:

In accordance with Project Policies, Employer will payyour airfare expenses for a scheduled Interim Leave orBusiness Travel.

For R&Rs 1 and 2 (4 and 8 months), KBR will pay up toa fixed amount for airfare. For airfare over the fixedamount, the delta will be payroll deducted from theemployee. For tickets under the fixed amount, theemployee will not receive the difference, but the clientwill achieve cost avoidance.

The reimbursement of UP TO the fixed amount isconsidered personal compensation as defined by FAR31.205-6 and will be reported as taxable income.Therefore, the requirement to fly on U.S. Flag carriers isnot applicable to an employee who receives UP TO thefixed amount toward their airfare. An employeeauthorized in writing to receive UP TO the fixed amountof airfare reimbursement (approved Interim LeaveRequest) may make whatever travel arrangements he/shechooses since he/she is paying for the travel from his/herpersonal income. Nate: In order to he reimbursed UPTO the fixed amount, the employee must submit proof oftravel (e.g., copy of ticket or itinerary) and proof ofpayment for that travel.

For the third R&R (12 months), if the employee has notextended his/her employment for another year, theCompany will send the employee to his/her point oforigin, utilizing the return portion of the mobilizationticket if it is still valid. Due to time constraints andairline schedule changes, the return portion of the ticketmay not be valid or may not be the most economicalmeans of returning the employee to his/her Point ofOrigin. In that case, the Company will provide a returnticket to the employee's Point of Origin because that tripwill also be considered demobilization of the employee.IF, however, the employee has been offered and hasaccepted the opportunity to extend his/her workassignment for another year, then the employee may elect

to go to other than his/her point of origin OR receivereimbursement up to the amount of the most economicalairfare to the Point of Origin or to the preferreddestination, which ever is less.

In accordance with Federal Acquisition Regulation52.247-63 -- Preference for U.S.-Flag Air Carriers, all(lights must be on a U.S. Flag Air Carrier unless theexceptions identified in the regulation are met andproperly documented

Where the employee is required to change employee'sscheduled R&R due to circumstances stemming fromU.S. Government actions and/or actions beyond thecontrol of the U.S. Government (e.g. Military Flightschedule changes or restrictions, lack of governmentprovided force protection delaying convoy travel, civilunrest or terrorist activity prohibiting travel, criticalunforeseen mission support requirements, etc), AND theEmployer's Human Resources Department purchased theR&R ticket on behalf of the employee. Employer shallpay for the costs associated with the change in ticketfares, to include cost of fees for the changed schedulethat resulted from the type of activities described above.In order to be reimbursed for the changed fare andassociated change fees, the ticket must have beenpurchased by the Employer, the change in the tickets andassociated fees must be processed through the Employerand the reason for the change must be fully explainedand approved by the Regional Project Manager (orCountry Manager if the site location is not part of aRegion). E-mail approval will suffice.

The purpose of Interim leave is to provide rest andrelaxation (R&R) from the work environment, thusmaintaining operational effectiveness and optimumperformance; therefore, you are expected to adhere to theInterim Leave Schedule.

If you voluntarily decline to take Interim Leave beforeyour next scheduled Interim Leave, your Interim Leaveis forfeited. You may not save Interim Leave to use inconjunction with another Interim Leave.

Where Interim Leave cannot be taken as a result of amanagement decision to cover operational requirements,when you become eligible for your next Interim Leave,you will be paid for the untaken Interim Leave. On anexceptional basis, Interim Leave that is postponed due tooperational requirements may be taken at a later timewith the express written approval of the In CountryManager.


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Interim Leave may NOT be taken in a location whereKBR personnel are eligible to draw Hazard PayI-XCEPT where the employee's POINT OF ORIGIN isin that same Hazard Zone and then only those personnelwhose Point of Origin is in that Hazard Zone areauthorized to go to their point of origin. They cannot goto another location that receives hazard pay. (e.g. anemployee with a Point of Origin in Bosnia can go toBosnia on Interim Leave, but that employee CANNOTgo to Kosovo on Interim Leave).

If granted. Interim Leave starts the date you depart theAssignment Location and includes travel time from andreturn to the Assignment Location. Transportation willbe provided to and from a designated leave departurepoint within the Assignment Location. You will not bepaid for unused Interim Leave. Payment for InterimLeave will only be made for days actually taken;therefore payment will occur only after the Interim Leaveis completed.

While you are on approved Business Travel, ForeignService Bonus and Work Area Differential if applicablewill continue to apply to your Base Salary. Hazard Paywill only be paid when you are physically working in anarea eligible to receive Hazard Pay.

If you are required to travel to another location onbusiness, uplifts, to include Hazard Pay if applicable, forthat location will be paid during the first 40 hours of theworkweek.

Standby time associated with an Interim Leave isallowed only at the approved point of departure and onlyif the approved departure point is distant an/or difficultto reach due to weather conditions or other unforeseencircumstances (e.g. MILAIR flight availability). Standbytime must be authorized by the In-Country ProjectManager and must not exceed 8 hours per day. If youare required to travel to another location on business,you will be paid for all hours worked at the standbylocation.

Employer will pay your airfare expenses for scheduledBusiness Travel. All Business Travel must becoordinated and paid for by the local Human ResourcesDepartment. Exceptions for payment of Business Travelby other than the local Human Resources Departmentrequire written approval.

10. Emergency Leave

Emergency leave may be granted in the event of aserious health condition or death in your immediatefamily or your spouse's immediate family. For purposesof emergency leave, immediate family is detlned asspouse, child, parent, grandparent, brother or sister(Family members identified herein can include steprelations).

Emergency leave must be authorized by the In-CountryProject Manager, whose Human Resources Manager willcoordinate such leave arrangements. The maximum youwill be paid during any period of approved emergencyleave is 40 hours straight time at the Base Salary rateonly. The In-Country Project Manager may authorizeadditional leave days without pay,not to exceed 30 days.

In the event of an emergency, your family membersshould notify the nearest Red Cross agency, and requestthe Red Cross agency to notify the Kellogg Brown &Root office in Houston who, in turn, will notify the In-Country Human Resources Manager.

Employer will provide you with a roundtrip airline ticketto the commercial airport closest to the point of theemergency or Point of Origin. In accordance withFederal Acquisition Regulation 52.247-63 — Preferencefor U.S.-Flag Air Carriers, all flights must be on a U.S.Flag Air Carrier unless the exceptions identified in theregulation are met and properly documented

Proper documentation of the emergency, such as a copyof a death certificate or a physician's statement, isrequired for reimbursement of authorized travel expensesand emergency leave with pay. In the case of a death, acopy of the published obituary in a newspaper willsuffice as initial proof of the death provided a deathcertificate is submitted to the Human ResourcesDepartment within the next 30 days.

I I . Leave Without Pay

The In-Country Project Manager may approve leavewithout pay in the event of a non-life-threateningsituation involving a family member or for otherpersonal reasons requiring your absence from theAssignment Location for a limited period of time, not toexceed 30 days. AH expenses will be at your cost. Youwill be paid only for actual hours worked on day of yourdeparture and day of return to the Assignment Location.


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Leave Without Pay may NOT be taken in a locationwhere KBR personnel are eligible to draw Hazard PayEXCEPT where the employee's POINT OF ORIGIN isin that same Hazard Zone and then only those personnelwhose Point of Origin is in that Hazard Zone areauthorized to go to their point of origin. They cannot goto another location that receives hazard pay. (e.g. anemployee with a Point of Origin in Bosnia can go toBosnia on Interim Leave, but that employee CANNOTgo to Kosovo on Interim Leave).12. Physical Examination

You represent that you are physically capable ofperforming the work for which you are employed at theAssignment Location.

During the term of employment, you agree, when and ifrequired by Employer, to submit to a physicalexamination by a representative designated by Employerand at Employer's expense. At Employer's direction,you agree to submit to a post assignment physical at thecompletion of your assignment. The physicalexamination may include a substance abuse test. Youexpressly authorize the examining representative tofurnish those findings to Employer.

Your employment is contingent upon your passing thepre-deployment physical, and health examinations(including, but not limited to, tests for controlledsubstances), and obtaining immunizations required byEmployer. In the event any such physical examinationcauses Employer to determine, in good faith, that you arenot able to satisfactorily perform the job for which youare hired or that medical facilities at the AssignmentLocation are inadequate to provide you with thenecessary level of care, Employer may, at its option,terminate this Agreement.

During the assignment period, you agree to cooperate inrandom or post-accident substance abuse testing and/orother testing for drugs or alcohol as requested byEmployer.

You agree to submit to such vaccinations andimmunizations as may be required by Employer, to beadministered at such time, places and by such qualifiedmedical practitioners as determined by Employer.

13. Sickness. Iniurv. or Accident

to the Point of Origin at Employer's expense. Inaccordance with Federal Acquisition Regulation 52.247-63 - Preference for U.S.-Flag Air Carriers, all flightsmust be on a U.S. Flag Air Carrier unless the exceptionsidentified in the regulation are met and properlydocumented.

In that event, all further obligations of Employer shallcease, except with respect to the payment of insurance, ifapplicable, and any earned but unpaid compensation andInterim Leave.

Should you become impaired as the result of injuries orillness resulting, in whole or in part, from yournegligence. Employer may terminate your employmentfor cause.

During the term of employment, you will be entitled tomedical care at U.S. medical treatment facilities at theAssignment Location or elsewhere within the Area ofOperations as authorized by the U.S. Army's CentralCommand.

14. Employee Inventions

Should your health become impaired by reason ofinjuries or illness, through no fault of yours, and it resultsin your termination of employment, you will be returned

Patent Rights. Inventions. Modifications. Improvements

(a) You agree to assign to Employer or itsdesignees the following:

(i) Title to all inventions, developments orimprovements, whether patentable or not, made,developed or conceived or first actually reduced topractice by you, alone or jointly with others, in thescope of your employment;

(ii) The right to file and prosecute patentapplications on such inventions, developments orimprovements in any and all countries; and

(iii) The patent applications filed and patents issuingthereon.

(b) You agree to disclose promptly and fully allsuch inventions to Employer and to assist Employer inevery proper way (entirely at its own expense) to obtainand protect, patents thereon in any or all countries. Suchinventions shall be the property of Employer whetherpatented or not.


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(c) You agree to cooperate and give full andcomplete assistance to enable Employer to perfect unypatent under conditions set forth herein, including theexecution of such papers or documents which Employeror those deriving rights therefrom, may reasonablyrequire.

(d) You represent that the inventions, if any,described in the accompanying papers comprise all theunpatented inventions, developments or improvementswhich were made or conceived of prior to your Date ofHire. You must list all such items which you wish to beexcluded from these provisions:

(i) Number of inventions, developments orimprovements to be excluded O . (If there are nounpatented inventions, developments or improvementswrite "none.")

(ii) Number of pages of description and drawingsand/or reproductions attached u . (Description ofinvention(s) shall include title, purpose of invention,mode of operation, drawings, if any, and/or such otherinformation as may be necessary to identify the excludedinvention, developments, or improvements.)

Copyrights

In consideration of employment with Employer, youagree to provide a royalty-free, non-exclusive andirrevocable license to sell, reproduce, translate, publish,use and dispose of all copyrighted or copyrightablematerial produced or composed during your term ofemployment, conceived by you, alone or jointly withothers, which was produced or originated:

(a) At the specific request of Employer;

(b) As a result of your employment and/or duties;

(c) With use of time and material furnished byEmployer.

15. Special Oblieations of Employee

(a) Security

You must comply with all security requirements ofEmployer and the U.S. Government. If U.S. Governmentor other personnel provide you access to any classifiedor sensitive information in error, you will report suchoccurrence to the In Country Security Managerimmediately and cooperate in any investigation arising

out of such occurrence. You must keep confidential allinformation, materials, documents and data furnished byEmployer or U.S. Government.

(b) Searches and Inspections

Employer reserves the right, with or without notice, toconduct searches or inspections of your personalbelongings, living quarters, vehicle(s) or work area.

(c) Responsibility for Property

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

(d) Direct Deposit

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

(e) Data and Documents

You agree to furnish any data and documents required byEmployer for purposes of verification of statistics,national security, health, immigration or otherwisenecessary or convenient with respect to any matterconnected with your employment.

16. Standards of Conduct

You must observe the standards of conduct and otherrequirements of the Halliburton Code of BusinessConduct in effect at your Date of Hire and as updatedperiodically, whether or not the law also imposes thesestandards and requirements.

In addition, the following standards for personal conductare conditions of employment. Employer also requirescompliance with regulations placed upon it from time totime by the U.S. Government, foreign government, andState and Local authorities. Accordingly, Employer mayamend these standards of conduct, or may establishadditional standards of conduct in the future. You arealso required to comply with all Corporate Policiesincluding all Project or Work Location Policies.

Actions that may require discipline or discharge include,but are not limited to, the following:

(a) Insubordination


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Failure or unreasonable delays in carrying outinstructions given by superiors or managers; disrespectfor those persons in positions of authority.

(b) Misconduct

Fighting, threatening or indicting bodily harm on anotherperson; gambling; committing immoral acts or usingabusive language; displaying or distributing lewd orobscene pictures or other materials, viewing,downloading or distributing pornographic material fromthe Internet, unauthorized possession or movement ofEmployer or Client property; engaging in any activitywhich conflicts with the interest of Employer or Client orin a manner which brings discredit or embarrassment onthe Employer or Client

(c) Violations Involving Alcohol or ControlledSubstances

Unauthorized possession or use, or being under theinfluence of a controlled substance (including narcoticsand marijuana) while on duty or while on Employer orClient premises at any time; consumption orunauthorized possession of alcohol while on duty or onthe work site, or having a detectable level of controlledsubstances, including alcohol, in the body while on dutyor at the work site; refusing to submit to a drug oralcohol test if requested to do so; being at work underthe influence of alcohol, resulting in the inability toperform work in a safe, productive, or professionalmanner; being in a physical condition which creates arisk of impairment to your professional judgment or tothe safety and well being of yourself or others, to theClient, or to Employer or Client property; being drunk orunder the influence of alcohol and/or drugs and behavingin such a manner off the job where Employer'sreputation could be damaged.

Alcoholic beverages may never be kept or consumed onany military camp or facility unless authorized in writingby the senior military commander.

(d) Theft or Pilfering

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

Fraud. Dishonesty, or Abuse of Employer

Misuse or abuse of Employer policies such as excusedabsences, leaves of absence or sick leave; falsification oftime card or Employer expense report, failing to givecomplete or accurate information for personnel and/orsecurity records; intentionally making false statements,either oral or written, about yourself. Employer, Client,other employees, supervisors, or work situations; falselyclaiming personal injury/illness as work-related in orderto obtain worker's compensation or other employmentbenefits; misuse of Employer or Client-controlled funds.

(f) Misuse of Time

Neglect of duty; failure to perform work at an acceptablestandard; interfering with the work of other employees;sleeping or deliberate acts of inattention on duty; failureto return to duty promptly at the end of specified orestablished break periods; unauthorized sale of articlesor services, unauthorized distribution or posting ofliterature, canvassing, polling or petitioning; conductingpersonal business on Employer time.

(g) Malicious of Negligent Destruction of Property

Willful, malicious or negligent destruction of or damageto Employer or Client property, or destruction of ordamage to property resulting from your failure to useproper procedures and/or equipment

(h) Health/Safety Violation?Failure to observe required health and safety practicesand regulations; endangering the health and safety ofyourself or other employees; committing unsafe acts suchas loitering in or around aircraft/missiles or other heavyequipment during fueling or servicing; smoking in smokerestricted areas.

(0 Security Matters

Loss or mishandling, deliberately or otherwise, ofclassified, proprietary or trade secret documents orconfidential information; discussion of classified orsensitive matters with unauthorized persons or in publicplaces; misuse of Employer or other officialidentification including automobile decals or EmployeeIdentification badges; unauthorized possession and/oruse of weapons, ammunition, explosives, unexplodedordinance/ residue; cameras or film; entering or assistingothers to enter restricted or closed areas without properauthorization; denial, suspension or revocation of asecurity clearance; failure to report the occurrence of any

LOGCAP 111 OAS Employment Agreement

Updated 28 June 20059 of 13 pages


unusual incidents which could adversely affect Employeror Client; wearing of F.mployer identification badgesoutside work locations requiring such identification,except while commuting directly between work locationsor between residence and work locations; using thebadge for reasons other than in connection" witrTttforkassignment or as otherwise authorized by Employer;failure or refusal to comply with Securityinstruction/direction during Lockdown and/or securitysituation; failure or refusal to properly display employeeidentification and/or present identification upon requestby an Employer or Client Security Guard and/or otherEmployer representatives acting in their official capacity.

0) Absenteeism

Unauthorized or excessive absence from the workassignment location, to include but not limited to, failureto return to work promptly at the scheduled conclusionof Interim Leave.

(k) Tardiness

Excessive failure to be present at the scheduled reporttime for the start of a work shift or when workassignments are being issued.

(I) Leaving Assigned Work Area

Leaving the assigned work area (except in cases ofemergency) without prior supervisory approval.

(m) Illegal Actions

Violation of a public law or regulation or commission ofa criminal offense (to include Host Nation Laws),including, but not limited to, any violation committedwhile operating an Employer or Client motor vehiclewhile not possessing a valid operator's license;unauthorized operation of a Government or ContractorAcquired/Government Owned (CAGO) or Contractorleased vehicle for personal reasons; trafficking innarcotics, drugs, marijuana or other controlledsubstances; trafficking in black market goods, currency,and/or minors; payment or acceptance of gratuities, kick-backs or bribes.

(n) Sexual Harassment

Sexual advances, requests for sexual favors, or otherverbal or physical conduct of a sexual nature that isunwelcome or that creates an intimidating, hostile, oroffensive work environment. Sexual harassment alsooccurs if submission to the conduct U either an explicit-or implicit condition of employment or if submission toor rejection of the conduct is used as the basis foremployment decisions.

(o) Discrimination

Unlawful discrimination, harassment, or otherdisparaging activity, such as slurs or gestures, based onrace, religion, age, sex, sexual orientation, nationalorigin, disability or veteran's status.

(P) Prohibited Personal Relationships

Being involved in a sexual or romantic relationship withanother employee who is within the chain of command orsphere of influence or with an employee of a client,customer, subcontractor, or vendor when that employeehas the capacity to directly influence the businessrelationship.

(q) Other Violations

Any other acts or failure to act in a responsible,reasonable manner which reflects upon your fitness forthe job and/or which adversely affects Employer'sreputation or conflicts with the interests of Employer orClient, including such things as drinking intoxicants inpublic while wearing Employer provided or prescribeduniform; untidy or improper appearance; failure to wearEmployer uniforms when required; involvement inpreventable accidents involving Client or Employerowned or leased vehicles or equipment; failure to reportan accident and/or damage to property or injury to otherindividuals; obstructing or delaying a properlyauthorized inquiry or investigation conducted byrepresentatives of Employer or Client; or refusal toperform any and all requirements of the assigned job.

17. Settlement of Personal Affairs

Should you depart from the Assignment Locationwithout settling your affairs, or should you become sophysically or mentally disabled as to be incapable ofhandling your personal affairs, you hereby authorizeEmployer to settle your affairs to the extent Employerdeems necessary and/or appropriate under thecircumstances. You further authorize Employer topayroll deduct such expenses from any sums due.


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In the event of your death while outside your country ofcitizenship during the term of this Agreement, Employeris authorized to make appropriate disposition of yourbody and personal effects in accordance with yourwishes, or instructions from next o£ kin and/or familymembers. Costs associated with disposition andtransportation of remains to point of interment will beborne by Employer. It is understood that Employer willmake every reasonable effort to follow the wishes ofyour next of kin if possible.

18. Assignment of This Agreement

Employer may, in its sole and absolute discretion, assignall rights and obligations of Employer to any parent,subsidiary, affiliate or joint venture of Employer engagedin the same or similar work contemplated under thisAgreement.

19. Personal Baggage

Your personal goods transported during travel arerestricted to weight and size limitations as defined by theauthorized carrier. Unless authorized in writing byEmployer, any additional charges for transport of yourgoods will be your responsibility. Employer assumes noresponsibility for loss of or damage to your personalbelongings. Where excess baggage is required to betransported by employee in connection with theassignment, Employer will pay excess baggage charges.

20. Representations

You represent that you have familiarized yourself withconditions existing at the Assignment Location,including those pertaining to health, economics, legal,political and religious condition, and that this Agreementis entered into with full knowledge of such conditions.You agree to become familiar with the rules, regulations,laws, policies, customs and traditions at the AssignmentLocation and acknowledge their applicability to youremployment. Employer will, however, make available toyou information it has available on living conditions andother matters of interest.

Employer undertakes no responsibility for providinghousing, transportation or medical care to you other thanas set forth herein.

You represent and warrant to Employer that: (a) allinformation provided by you with respect to yourobtaining employment is true and accurate to the best of

your knowledge; (b) you are fully qualified by virtue ofyour education and experience to perform all duties ofyour assignment; (c) you will perform 'such duties to thebest of your ability; and (d) you have read thisAgreement and agree to comply with all the provisions,terms and conditions contained herein. You furtherrepresent and warrant that neither the execution of thisAgreement nor the performance of the servicescontemplated hereunder will violate the terms of anyunderstanding, agreement or order between you and anyother party or create or appear to create a conflict ofinterest between you and any other party.

You agree that unless you have prior written consentfrom Employer, you will not disclose or use at any time,either during or subsequent to your employment, anysecret, proprietary or confidential information, whetherpatentable or not, of Employer or the Client, of whichyou become informed during employment, whether ornot developed by you, except as required in your dutiesfor Employer or the Client.

Upon termination of your employment, you agree todeliver promptly to Employer all company propertyissued 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 ortrade secret nature relating to Employer's business andwhich are in your possession or under your control. Youagree to maintain the confidentiality of such materialsthereafter.

21. Employer Required Documents

Before departure from your Point of Origin, you will, atEmployer's expense, obtain necessary permits andclearances required for work in the AssignmentLocation. Fees for obtaining the necessary documentswill be paid by Employer, or you will be reimbursed forthese expenses upon presentation of written evidence ofpayment, as required by Employer. To the extentpossible, Employer will assist you in obtaining thedocuments; however, it remains your sole responsibilityto obtain the necessary documents.

22. Qualifications. Reclassification

You represent that you are technically and/orprofessionally qualified without further training orexperience to perform the duties and responsibilitiesapplicable to the work classification for which you havebeen employed as stated herein; that you have such

LOGCAP 111 OAS Employment AgreementUpdated 28 June 2005

II of 13 pages


licenses, certificates and credentials as are required orcustomary for performance of the job for which you areassigned/hired; and that you will accept workassignments at any location within the Area ofOperations as may be" assigned by Employer, at the hoursand on such shifts as designated by Employer. In theevent that Employer requires you to render services in ajob classification other than that for which you wereassigned/hired, you agree to perform such work in suchclassification to the best of your ability at the ratespecified in this Agreement.

23. Date of Hire

The date of assignment/hire for purposes of thisAgreement shall be the effective date of this Agreement.The effective date of this Agreement will be entered bythe Human Resources Department and is the day you go"wheels up" en route to your first assignment in Theater.For purposes of calculating Interim Leave entitlements,the effective date of this Agreement is Day One.

24. SeverabiHtv

If any provision to this Agreement is determined to beinvalid or unenforceable, it shall not affect the validity orenforceability of the other provision, which shall remainin full force and effect.

25. Governing Law

This Agreement is formed in the State of Texas, andshall be governed by and construed in accordance withthe laws of the State of Texas; except that with respect toall matters or disputes related to the validity orenforceability of provision 26 below, all issues shall begoverned by and construed in accordance with theFederal Arbitration Act.

26. Claims/Disputes

In consideration of your employment, you agree thatyour assignment, job or compensation can beterminated with or without cause, with or withoutnotice at any time at your option or at Employer'soption. You also agree that you will be bound by andaccept as a condition of your employment the termsof the Halliburton Dispute Resolution Programwhich are herein incorporated by reference. Youunderstand that the Dispute Resolution Programrequires, as its last step, that any and all claims thatyou might have against Employer related to your

employment, including your termination, and anyand all personal injury claim arising in theworkplace, you have against other parent or affiliateof Employer, must be submitted to bindingarbitration instead of to the court system.

It is expressly understood that, in the case of anycontroversy described above, all parent, subsidiaryand affiliate or associated corporations of Employer,and of their officers, directors, employees, insurersand agents are third party beneficiaries to thisprovision and are entitled to invoke, enforce andparticipate in arbitration pursuant to this provision.

Should any party refuse to arbitrate or refuse tocooperate in arbitration, the remaining party orparties may proceed with arbitration in the absenceof the party so refusing. Notices in respect toarbitration may be transmitted by any reasonablemeans calculated to convey actual knowledge of theunresolved matter or dispute. With respect toEmployer and any affiliated companies, notice byregistered mail shall be deemed reasonable andsufficient when mailed to:

Dispute Resolution Program AdministratorHalliburton Company4100 Clinton DriveHouston, TX 77020-6299

27. Croup Insurance and Other Benefits

You acknowledge that you have been briefed andunderstand the available group insurance plans and theterms and conditions of other benefit programs availablefrom the Employer.

You understand that if you are assigned to certainoverseas projects, you shall be required to enroll yourselfand eligible family members in appropriate groupinsurance plans offered by Employer.

28. Agreement and Release:

You agree that any baggage or personal effects that areleft on the premises or in the care and/or custody ofEmployer after your termination of employment shall bedeemed abandoned after 30 days from the date of suchtermination, unless you specifically advise Employer to


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the contrary, in writing, within such period. Should youtail to remove personal property within 30 days oftermination or within 30 days after giving such notice,you authorize Employer to sell the same as agent andremit the proceeds to the last known address, less thecost and/or expense incidental to the storage and sale.

En>ptoye«'i Initial -•//

29. Termination

If for any reason, your employment is terminated, youagree to complete the required out-processing procedurethat includes the signing of exit documents and the returnof all badges, vehicle stickers, employee identificationcards, tools, books, supplies, money, and any otherproperty issued to you.

-=---7

30. Conformance with Code of Business Conduct

You specifically acknowledge and agree that you havebeen provided a copy of the Halliburton Code ofBusiness Conduct, and that you are responsible forreading it in its entirety and complying with theprovisions contained therein and any future updates tothe Code of Business Conduct, available on the web athttp://www.haUiburton.com/about/business conduct.jspor you can contact your local Human ResourcesDepartment for a copy. Furthermore, you acknowledgethat you have been specifically briefed and understandthe Employer's policy on equal employment opportunity,including the prohibition against sexual harassment anddiscrimination or harassment based on race, sex orsexual orientation, national origin, age, disability orveteran status.

31. Repayment

You agree that you may be discharged without notice.You agree that if the cause for your discharge involvesmonetary or material loss to Employer, or the seriouspotential for such loss, Employer may withhold allcompensation due you, to the fullest extent permitted bylaw, until restitution has been made.

./ .•••"7//

No modifications to this Agreement are effective unlessin writing, signed by you and the Project GeneralManager or his designee. This Agreement supersedesany and all prior understandings, promises, oragreements of any kind, whether oral or written, exceptspecial commitments and/or agreements approved bymanagement as stated below.

33. Special Provisions

34. Understanding of Terms

You acknowledge that you have read this EmploymentAgreement, and fully understand, agree, and consent tothe terms and conditions of this Agreement

Executed at Hoas of

thi dav of July and effective

ACCEPTED

n,mi a

ci«il J5 July

Agent:

ByKBR Technical Services, Inc.

Date: July IS. 2005

32. Modification in Writing

LOGCAP III OAS Employment Agreement

Updated 28 June 2005Oof 13 pages


EXHIBIT6



BEAUMONT DIVISION

JAMIE LEIGH JONES andJOSEPH DAIGLE

Plaintiffs,

vs.

HALLIBURTON COMPANY d/b/aKBR KELLOGG BROWN & ROOT(KBR); KELLOGG BROWN & ROOT,SERVICES, INC.; KELLOGGBROWN & ROOT INTERNATIONAL,INC.; KELLOGG BROWN & ROOT,LLC; KELLOGG BROWN & ROOT,INC.; KELLOGG BROWN & ROOT,S. de R.L.; KELLOGG BROWN &ROOT (KBR), INC.; KBRTECHNICAL SERVICES, INC.;OVERSEAS ADMINISTRATIVESERVICES, LTD.; ERIC ILER,CHARLES BOARTZ; SEVERALJOHN DOE RAPISTS, and THEUNITED STATES OF AMERICA

Defendants.

STATE OF TEXAS

COUNTY OF HARRIS

§§§§§§§§§§§§§§

§§§§§§§§§§§

CIVIL ACTION NO. 1:07-CV-0295

JURY TRIAL DEMANDED

AFFIDAVIT OF SHADOW SLOAN

§

§

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

1. I, Shadow Sloan, am of sound mind and over the age of twenty-one. I amcompetent to make this Declaration, and I have personal knowledge of the truth of its contents.

2. I am a partner at the Vinson & Elkins law firm. I was retained to defend KBR inthe arbitration Jamie Leigh Jones initiated based upon the same allegations that the Barkers makein this lawsuit.

3. I conducted an investigation of Ms. Jones's claims after she initiated arbitration.


4. Below, based upon that investigation I identify persons whose testimony may beof significance in this lawsuit:

a) Eric Her was Jones's supervisor when she worked in the IT department atKBR in Houston. Jones alleges that he sexually harassed her during that period. His testimonywill be significant in confirming or refuting that allegation.

b) Frederick Heard was a KBR employee to whom Jones claims she reportedIler's actions. His testimony may be significant in confirming or refuting Jones's allegationsabout Her and indicating the action taken in response to them.

c) John Bishop was an operations manager over Her during the time of thealleged harassment. His testimony may be significant in confirming or refuting Jones'sallegations about Her.

d) Pete Arroyo was a friend of Jones's from the United States stationed withher in Iraq. He accompanied her to the on-site medical clinic following her reported assault. Histestimony may be sought regarding Jones's living conditions in Iraq and the alleged assault.

e) Darrell Kaigler was responsible for employee housing at Camp Hope inBaghdad, where Jones was stationed. His testimony may be sought regarding Jones's livingconditions there and discussions regarding Jones's housing.

f) Kristen Rumba was the physician assistant who initially tended to Jonesfollowing the alleged assault. Her testimony may be sought regarding Jones's condition.

g) Scott Davis was the HSC manager at Camp Hope. His testimony may besought regarding Jones's condition after the alleged assault as well as a meeting he participatedin with HR and security personnel regarding Jones's treatment and the alleged incident.

h) William Goodgine was the security coordinator at Camp Hope. Histestimony may be sought regarding his actions following the alleged attack, the meetingregarding Jones's treatment he participated in with Davis and others, and his discussions with theState Department regarding Jones's allegations.

i) Steven Parnell and Rand Hultz were security coordinators at Camp Hope.Their testimony may be sought regarding their initial investigation of Jones's claim.

j) Charles Bortz was identified as one of Jones's alleged assailants. Histestimony may be sought to refute or confirm this allegation.

k) Major Jodi Schultz was the physician who administered a sexual assaultexam to Jones. Her testimony may be sought regarding Jones's condition.


1) Kara Hall was a senior HR generalist in Iraq. His testimony may besought regarding the meeting about Jones's treatment he participated in with Davis, Goodgine,Boutwell, and Janie Armstrong.

m) Janie Armstrong was a senior HR generalist in Iraq. Her testimony maybe sought regarding the meeting about Jones's treatment she participated in with Davis,Goodgine, Boutwell, and Hall, the statement she took from Jones, and her escorting of Jones toKuwait.

n) Gabe Andino was the project manager. His testimony may be soughtregarding the meeting regarding Jones's treatment, conditions at Camp Hope, the Department ofState investigation of the incident, and the meeting with Jones regarding possible medical leave.

o) Timothy Lunardi, Matthew McCormack and Heidi McMichael were StateDepartment special agents. Their testimony may be sought regarding the investigation intoJones's allegations.

p) Debbie Woodhams was an Employee Assistance Program representative.Her testimony may be sought regarding Jones's condition and her escorting of Jones fromKuwait to Houston.

q) Ron Boutwell was a HR Supervisor in Iraq. His testimony may be soughtregarding a meeting he participated in with Armstrong, Davis, Goodgine, and Hall on Jones'streatment, the Department of State investigation, and the meeting with Jones regarding possiblemedical leave.

5. Other persons whose testimony may be of significance include Jones's medicalcare providers, who have produced documents in the course of the arbitration proceeding:

a) Michael Ciaravino, M.D., P.A.; Houston, Texas and Sugar Land, Texas

b) Michael L. Eisemann, M.D., F.A.C.S.; Houston, Texas

c) Sabrina A. Lahiri, M.D.; The Woodlands, Texas

d) Dawn Nelson, LCSW, CHT; Houston, Texas

e) Terry Scott, OB/Gyn, Health Center for Women, The Woodlands, Texas

f) Village Medical Center, The Woodlands, Texas

Dated this / ^day of ̂ , 2007, at Houston, Texas.


SUBSCRIBED AND SWORN TO BEFORE ME on June 7witness my hand and official seal.

2007, to certify which

PEGGY S. PENDLETONNOTARY PUBLICSTATE OF TEXAS

COMM. EXPIRES 04-20-2009 j Notary Public in and for theState of T E X A S
