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  1. 1. Page 1 of 4 Revised 7/2013 PB RESOLVE AGREEMENT (Including agreement to Mutual Binding Arbitration) This Dispute Resolution Agreement (PB Resolve Agreement) is a contract and covers important issues relating to your rights. It is your sole responsibility to read it and understand it. You are free to seek assistance from independent advisors of your choice outside the Company or to refrain from doing so if that is your choice. El acuerdo de resolución es un contrato y cubre aspectos importantes de tus derechos. Es tu absoluta responsabilidad leerlo y entenderlo. Tienes la libertad de buscar asistencia de asesores independientes de tu elección fuera de la Empresa o de abstenerte de buscar asistencia si esa es tu elección. You recognize that differences may arise between Pitney Bowes Inc., which includes its subsidiaries, affiliates, divisions, related business entities, successors and assigns (collectively "Pitney Bowes" or "the Company"), and You during or following your employment, and that those differences may or may not be related to your employment. You and the Company understand and agree that by entering into this PB Resolve Agreement ("Agreement"), You and the Company agree to participate in Pitney Bowes' PB Resolve Program, a four-step alternative dispute resolution process, to resolve disputes that may arise between You and Pitney Bowes. You further recognize and agree that the final step of the PB Resolve process will be final and binding arbitration. Consideration: The promises by You and the Company to submit differences to the PB Resolve Program, including arbitration, rather than litigate them before courts or other bodies, and your continued employment by the Company, provide consideration for each other. PB Resolve Program: The PB Resolve Program is a four-step alternative dispute resolution process. Details of the PB Resolve Program are set forth in the PB Resolve Program Manual. By signing this Agreement You are specifically acknowledging that You have reviewed or have had an opportunity to review the PB Resolve Program Manual and agree to abide by its terms. Claims Covered by the Agreement: The Company and You mutually consent to resolve through the PB Resolve Program, including final and binding arbitration, all claims or controversies ("claims"), past, present or future, whether or not arising out of your employment (or its termination), that the Company may have against You or that You may have against any of the following (1) the Company, (2) its officers, directors, employees or agents in their capacity as such, (3) the Company's parent, subsidiary and affiliated entities, and/or (4) all successors and assigns of any of them. Only legal claims are arbitrable or subject to external mediation. Legal claims are claims that, in the absence of this Agreement, would be able to be heard in court under applicable state and federal law. The claims covered by this Agreement include, but are not limited to: claims related to termination, resignation, layoffs, constructive discharge, misclassification or unpaid wages (including Fair Labor Standards Act and state equivalent claims) or other compensation due; claims relating to leaves of absence (including Family Medical Leave Act or state equivalent claims); claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination under any federal, state or other governmental law, statute, regulation or ordinance (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability or handicap, or medical condition); claims of violation of public policy or retaliation; claims arising out of or related to this Agreement, claims for benefits (except claims under employee benefit or pension plans or claims covered by Employee Retirement Income Security Act); and claims for violation of any federal, state, or other governmental law,
  2. 2. Page 2 of 4 Revised 7/2013 statute, regulation, or ordinance, except claims excluded in the section of this Agreement entitled "Claims Not Covered By The Agreement." Except as otherwise provided in this Agreement, both You and the Company agree that neither shall initiate or prosecute any lawsuit, in any way arising out of or related to any claim covered by this Agreement. You and the Company further agree that claims arising under any law that permits resort to an administrative agency, including but not limited to claims or charges brought before the National Labor Relations Board, the Equal Employment Opportunity Commission, and the United States Department of Labor, may be brought before that agency notwithstanding an agreement to arbitrate those claims. Nothing herein shall be construed to excuse any requirement that an administrative claim or charge be filed as a jurisdictional prerequisite or condition precedent to obtaining relief if such filing would have been required prior to initiation of an action in a court of law. Claims Not Covered by the Agreement: Claims for workers' compensation or unemployment compensation benefits, claims for benefits under a company benefit plan covered by ERISA or any other claims covered by ERISA, state disability insurance claims and claims under the National Labor Relations Act are not covered by this Agreement. Also not covered are claims by You or the Company for temporary restraining orders or preliminary injunctions (“temporary equitable relief”) in cases in which such temporary equitable relief would be otherwise authorized by law. Such resort to temporary equitable relief shall be pending arbitration only, and in such cases the merits of the action will be tried in front of, and will be decided by, the Arbitrator, who will have the same ability to order legal or equitable remedies as could a court of general jurisdiction. Time Limits for Commencing Arbitration: The Company and You agree that either party must file a demand for arbitration no later than the expiration of the statute of limitations (deadline for filing) that applicable law prescribes for the claim. Otherwise, the claim shall be void and deemed waived. During Steps I through III of the PB Resolve Program, the statute of limitations shall be tolled (temporarily suspended). Arbitration Procedures: Except as provided in this Agreement, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq. (“FAA”) shall govern the interpretation, enforcement and all arbitration proceedings pursuant to this Agreement. Unless You and the Company mutually agree otherwise, the Arbitrator shall be either a retired judge, or an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened (the "Arbitrator"). The arbitration shall take place in or near the city in which You are or were last employed by the Comp any. The parties will choose an Arbitrator by mutual agreement and if the parties are unable to agree to an Arbitrator, either party may petition a court of competent jurisdiction to appoint an Arbitrator, who shall act under this Agreement with the same force and affect as if the parties had selected the Arbitrator by mutual agreement. Class, Collective, Mass or Representative Actions: However, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class, consolidated or collective action, or in a representative or private attorney general capacity on behalf of a class of persons or the general public. Governing Law: Absent a choice of law provision contractually agreed upon by both parties, the Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Arbitrator shall have exclusive authority to resolve any dispute relating to the application or interpretation of this Agreement. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person, as the Arbitrator deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss
  3. 3. Page 3 of 4 Revised 7/2013 and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Arbitration Process: Any party may be represented by an attorney during arbitration. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and written opinion no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award. Discovery at Arbitration: Each party shall have the right to take the deposition of two (2) individuals and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party and to subpoena documents from third parties. Requests for additional discovery may be made to the Arbitrator. The Arbitrator shall grant an order for such requested additional discovery that the Arbitrator finds the party requires to adequately arbitrate a claim, taking into account the parties’ mutual desire to have a fast, cost-effective dispute resolution mechanism. The Arbitrator in making such orders shall be guided by the rules of discovery applicable in the forum State’s courts. Designation of Witnesses at Arbitration: At least thirty (30) days before the arbitration, the parties must exchange lists of witnesses, including any experts, and provide copies of all exhibits intended to be used at the arbitration. Subpoenas for Arbitration: Each party shall have the right to subpoena witnesses and documents for the arbitration as well as documents relevant to the case from third parties. Arbitration Fees and Costs: The Company will be responsible for paying any filing fee and the fees and costs of the Arbitrator. Each party shall pay for its own costs and attorneys' fees, if any. However, the Company will reimburse You up to 80% of your attorneys' fees, up to a maximum of $2,500.00, pursuant to the terms set forth in the PB Resolve Program Manual. If any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and/or costs, the Arbitrator may award reasonable attorneys' fees and/or costs to the prevailing party, applying the same standards a court would apply under the law applicable to the claim(s). Judicial Review: Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce or vacate an arbitration award in accordance with applicable law. Interstate Commerce: You understand and agree that the Company is engaged in transactions involving interstate commerce. Miscellaneous Provisions: This Agreement to resolve all disputes through the PB Resolve process, including arbitration, if necessary, shall survive the termination of your employment and the expiration of any benefit plan. It can be revoked or modified only in writing signed by both the Company's Chief Human Resources Officer or his or her designee and You, which specifically states the intent to revoke or modify this Agreement. This is the complete agreement of the parties on the subject of arbitration of disputes. This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. No party is relying on any representations, oral or written, on the subject of the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. All other provisions shall remain in full force and effect.
  4. 4. Page 4 of 4 Revised 7/2013 Not an Employment Agreement: This Agreement is not, and shall not be construed to create any contract of employment for a definite term, express or implied. Nor does this Agreement in any way alter the "at-will" status of your employment. Voluntary Agreement: I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO A JURY TRIAL. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH MY PRIVATE LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO THE EXTENT I WISH TO DO SO. Employee: Pitney Bowes Inc. __________________________ ________________________________ Signature of Employee: Signature of Authorized Company: Representative: ___________________________ ________________________________ Print Name of Employee Title of Representative: Date: Date: Gloria Williams October 9, 2013 October 9, 2013