Free Declaration - District Court of Arizona - Arizona

EXHIBIT A
Case 2:04—cv—00424—ROS Document 167-2 Filed 06/12/2006 Page 1 of 4

TOLLIN G AGREEMENT
This agreement is made by and between the Former Employees of Garrett
Corporation and its Participating Subsidiary Companies ("Former Garrett Employees"), by and
through their attorney, Susan Martin, and the Plan Administrators of the Allied Signal, Inc.,
Retirement Plan, the Allied Signal Secured Benefit Plan, the Honeywell Retirement Plans and
the Honeywell Retirement Earnings Plan ("Honeywell"), by and through their attorney, Jeffrey
G. Huvelle. Each party affirms that its signatory has authority to enter into this agreement on its
behalf. The parties hereby state and agree as follows:
l. Honeywell has been advised that Former Garrett Employees may file suit in
order to assert claims with respect to their pension benefits.
2. It is the desire of both the former Garrett Employees and Honeywell to ensure
that there is ample time to engage in settlement discussions regarding the Former Garrett
Employees’ claims before suit is filed.
3. In order to promote a deliberate and productive dialogue, Honeywell agrees to
the request of the Former Garrett Employees for a tolling of the applicable statute of limitations
from January 24, 2003, the date on which settlement discussions were proposed, until 60 days
after the Plan adnrinistrator renders a decision on the administrative appeal of the claims asserted
by the Former Garrett Employees.
4. Nothing in this Agreement shall have the effect of reviving any action, or
claim that otherwise would have been barred by the statute of limitations before January 23,
2003. Nor shall the Agreement be construed as a waiver by Honeywell of any right to make any
argument or to plead any defense concerning any claim, provided that Honeywell will not assert
a statute of limitations defense that is inconsistent with the suspension of the running of the
statute of limitations for the period stipulated herein. Nor shall this agreement be construed as an
5% E G E E V E D
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Case 2:O4—cv—OO424—ROS Document 167-2 Filed O6/1 2/2OO£ir¤·r1EPa@e¤r2r@f¤4r n

admission by Fenner Garrett Employees that any action or claims are barred by the statute of
limitations or would be barred by the statute of limitations in the absence of this agreement.
5. In the event of a dispute with respect to the statute of limitations in any
administrative or judicial action between the parties, this Agreement (or any true and accurate
copy thereof) may be introduced into evidence to show the parties’ intent regarding the matters
encompassed herein. This Agreement shall not be used as evidence for any pU1`pOSC except in
the event of a dispute with respect to the statute of limitations.
L/vw O if Date:·7l
Susan Martin _
On behalf of Fenner Employees of
Garrett Corporation and its
Participating Subsidiary Companies
C Oi-»)(( Date; \} "`VW
" I e re . Huvelle J
n behalf of the Plan Administrator of the
Allied Signal, Inc., Retirement Plan, the
Allied Signal Secured Benefit Plan, the
Honeywell Retirement Plans and the Honeywell
Retirement Earnings Plan
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Case 2:04—cv—00424—ROS Document 167-2 Filed 06/12/2006 Page 3 of 4

use 2.) Coco tut; 02 J QU H1 t’tHH'l“lN BONNETT FAX N0. 002 240 2345 P. 02
EXTENSION Oli TH H TOLLTNG AGREEMENT
Honeywell and the Former Employees of Garrett hcrcby agree that the Telling
.·’t_grcc111m1t signed by thc pzutics o11Juuc 27, 2003 and July 7, 2003, respectively, shall be
umcuctccl to modify puragrstplt 3 to specify that thc period for which thc applicable statutes of
Iimitattiohs be tolled shell extend until March 1, 2004,1`€lll`lGl’ll1&1ll, as now stated, until 60 days
£tl`tt31‘ll'lC Plnu ndministmtor renders El decision on thc administrative appeal ofthe claims asserted
b y thc Former Garrett Employees. For purposes of thi s amcndm cnt, “IIo11cywel1" amd "thc
li O1`I`\1i3l` Employees oI`Gzm·ctt" are defined as set forth in thc Telling Agreement.

`5us:m M rutiu Date
On hchztlf ofthe liormer Employees
of Gtutctt
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