Correspondence with P. Freiberg

September 26, 1995

Ms. Peggy Frieberg
Corporate Counsel
IBM-Workforce Solutions
Town of Mt. Pleasant, Route 9
N. Tarrytown, NY 10591
DELIVERED VIA FACSIMILE (914/332-3902)

Subject: Tolling Agreement

Dear Ms. Frieberg:

Thank you for contacting me last Friday, September 22nd, to advise me that your letter summarizing the findings of your investigation into the evaluation of suggestion no. 921420144 would be late once again. Since the delay in your summary letter dates back to May (i.e., Mr. Dick Lynch’s absence from the office, no delegated backup for Mr. Lynch, your workload) and the overall investigation dates back over a year, I would like to propose the following agreement:

"International Business Machines Corporation-Workforce Solutions hereby agrees to toll the applicable statute of limitations with respect to the suggestions Keith Gibby submitted under the terms and conditions of the IBM Suggestion Plan during his IBM employment."

Acceptance of this agreement will provide you with the necessary time you require to complete the summary letter.

If this agreement is acceptable, please acknowledge by signing below and fax returning the executed copy to me at the number indicated above by close of business Thursday, September 28th. If not, I will assume the summary letter will be faxed to me by close of business Friday, September 29th.

Should there be any questions, please call me.

Very truly yours,

Keith S. Gibby

Accepted and agreed to:

IBM-Workforce Solutions

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(Authorized Signature, Date)

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(Name/Title (Please Print or Type)