Therma Services Llc Employee Handbook.pdf

THERMA Employee Handbook – July 2017

Services, LLC EMPLOYEE HANDBOOK

THERMA Employee Handbook – July 2017

TABLE OF CONTENTS TABLE OF CONTENTS _______________________________ 2 INTRODUCTION ____________________________________ 5 THE BENEFIT OF BEING A PART OF THE THERMA TEAM 7 EQUAL EMPLOYMENT OPPORTUNITY ________________ 9 TERMS OF EMPLOYMENT __________________________ 11 PERSONNEL RECORDS _____________________________ 12 EMPLOYEE RELATIONS PHILOSOPHY _______________ 12 Grievance Policy _________________________________ 13 Open Door Policy _________________________________ 13 CUSTOMER RELATIONS ____________________________ 14 STANDARDS OF CONDUCT _________________________ 15 HARASSMENT _____________________________________ 18 Policy Statement on Sexual Harassment _______________ 19 Procedure for Reporting a Complaint _________________ 20 WORKPLACE VIOLENCE ____________________________ 22 WEAPONS IN THE WORKPLACE _____________________ 23 DRUG-FREE WORKPLACE __________________________ 24 Drug-Testing and Background Screening ______________ 27 ATTENDANCE _____________________________________ 30 CONFLICT OF INTEREST ____________________________ 31 PROPRIETARY INFORMATION ______________________ 34 RIGHTS OF “WORK PRODUCT” ______________________ 35 EMPLOYMENT OF RELATIVES ______________________ 35 BUSINESS COMMUNICATION TOOLS _______________ 366 2|Page

THERMA Employee Handbook – July 2017

COMPANY EQUIPMENT AND PROPERTY ____________ 388 Job Site Materials _________________________________ 39 EMPLOYEE PERSONAL PROPERTY __________________ 39 SOLICITATION _____________________________________ 40 PURCHASES _______________________________________ 41 EMPLOYEE ATTIRE ________________________________ 41 RIGHT TO WORK ___________________________________ 42 DISCIPLINARY ACTIONS ___________________________ 42 EMPLOYMENT STATUS_____________________________ 43 Employee: Regular, Full-Time ______________________ 43 Employee: Regular, Part-Time ______________________ 43 OTHER WORKER STATUS ___________________________ 44 Temporary Worker ________________________________ 44 Independent Contractor-Consultant ___________________ 44 SUMMARY OF BENEFITS PACKAGE FOR REGULAR, FULL-TIME EMPLOYEES ____________________________ 44 VACATION ________________________________________ 47 HOLIDAYS ________________________________________ 49 SICK LEAVE PAY __________________________________ 50 BEREAVEMENT ____________________________________ 53 JURY DUTY _______________________________________ 54 MILITARY LEAVE-OF-ABSENCE _____________________ 56 PERSONAL LEAVE _________________________________ 56 FAMILY LEAVE AND MEDICAL LEAVE ______________ 58 PREGNANCY DISABILITY LEAVE____________________ 64 PROBATIONARY PERIOD ___________________________ 65 3|Page

THERMA Employee Handbook – July 2017

PERFORMANCE EVALUATIONS _____________________ 66 PAY PROCEDURE __________________________________ 67 RECORDING WORK HOURS _________________________ 67 WORK HOURS _____________________________________ 69 OVERTIME ________________________________________ 70 CALL BACK PAY ___________________________________ 70 REPORT TO WORK PAY ____________________________ 711 EMERGENCY FACILITY CLOSING ___________________ 71 TERMINATION: VOLUNTARY AND INVOLUNTARY ___ 72 HEALTH AND SAFETY PROGRAM __________________ 744 WORKERS COMPENSATION _________________________ 74 SECURITY _________________________________________ 76 RELEASING CONFIDENTIAL INFORMATION _________ 777 NO SMOKING POLICY _____________________________ 788 COMPANY VEHICLE POLICY ________________________ 78 THERMA EMPLOYEE ACKNOWLEDGEMENT _________ 83

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THERMA Employee Handbook – July 2017

INTRODUCTION Welcome! We are excited to have you as part of our team. Your contribution, combined with the contribution of all of our THERMA Services, LLC (“THERMA”) employees will help to enhance and build our thriving business. We are a Team. We value our employees, customers and vendors. The THERMA culture emphasizes:    

Meeting commitments High quality – We do it right the first time Timely, open and honest communication Early identification of problems and collaborative solutions  Commitment to filling customer needs better than the competition  Having fun We believe that through hard work, determination and adherence to the above principles, we have built a very successful, highly profitable, sustainable business. We want you to feel that your association with THERMA will be a mutually beneficial and pleasant one. As a THERMA employee, we will work with you to clearly define your responsibilities and goals. We hope to make you part of our ongoing success. We hope this handbook will answer most of the questions that you may have about THERMA’s policies for non5|Page

THERMA Employee Handbook – July 2017

union employees. It also describes the various benefits that we provide. In addition to clarifying responsibilities and benefits, we hope this handbook also gives you an indication of THERMA’s interest in the welfare and safety of all who work here. From time to time, the information included in this handbook may change. Every effort will be made to keep you informed and updated on changes and/or additions. Sincerely,

Joe Parisi CEO

Nicki Parisi CFO, CIO

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THERMA Employee Handbook – July 2017

THE BENEFIT OF BEING A PART OF THE THERMA TEAM As a member of the THERMA team, you will be expected to be dedicated to our standards, as follows:  All employees must, at all times, strive to provide the customer with the highest quality of goods and services.  Compensation and benefits will be tied directly to Company profitability and individual employee performance.  The Company and its employees will at all times conform to the laws and standards of ethical conduct. Your benefits with THERMA: You may not have thought about it, but the value of your benefits amounts to a considerable sum each year, in addition to the wages or salary you earn. THERMA’s comprehensive benefits plan includes:  Vacation & Sick Leave  Paid Holidays  Medical, Dental and Vision Insurance  Long Term Disability Insurance  Life and AD&D Insurance  401(k) Savings Plan  Profit Plan 7|Page

THERMA Employee Handbook – July 2017

* Please note that these benefits may be changed at any time. This handbook is not intended to create any contract or binding agreement between THERMA and any employee. This handbook is provided for informational purposes only. No provision or portion of this handbook constitutes an implied or express contract, guarantee, or assurance of employment or right to an employmentrelated benefit or procedure. We reserve the right to change, modify, eliminate, or deviate from any practice, standard, or procedure in this handbook at any time. This includes setting practices for the purpose of meeting unique business needs and to hire, transfer, promote, discipline, terminate and otherwise manage employees as the Company deems appropriate. This handbook does not change or alter the standard of employment at-will, which can only be changed by a signed writing by the CEO or CFO. All non-union employees will receive a copy of this handbook on the day of their New-Hire Orientation. It is required that employees sign the acknowledgement of receipt and return it to the Human Resource Manager. The signed acknowledgement is kept in the employee’s personnel file. It is your responsibility, as an employee of the Company, to read this handbook and understand how the employment practices described within it may affect your employment with the Company. 8|Page

THERMA Employee Handbook – July 2017

If you have questions about its contents, please check with the Human Resources Manager for clarification. We are pleased that you have decided to join the THERMA Team. We look forward to your contributions and hope that you find working here an enjoyable and rewarding experience. EQUAL EMPLOYMENT OPPORTUNITY THERMA is an Equal Employment Opportunity Employer committed to high standards of business conduct and civic responsibility. THERMA is committed to providing a work environment free of discrimination, intimidation, or unlawful harassment based on any legally protected characteristic. THERMA is committed to the goal of Equal Employment Opportunity (EEO) which offers fair and equal opportunities to every employee or applicant for employment regardless of race, color, religion, national origin, ancestry, sex, age, mental or physical disability, medical condition, pregnancy, sexual orientation, gender identity or gender expression, marital status or veteran status, and any other legally protected characteristic. Discrimination complaints by employees are a serious matter and will be responded to promptly. Any and all complaints or problems regarding discrimination should 9|Page

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immediately be referred to the Human Resources Manager. Equal Employment Opportunity notices are posted on employee bulletin boards as required by law. The notices summarize the rights of employees to equal opportunity in employment and list the names and addresses of the various government agencies that may be contacted in the event that any person believes that he or she has been discriminated against. THERMA will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person’s physical or mental disability, or any other protected characteristic. THERMA also makes reasonable accommodation for the known physical or mental disabilities, medical conditions, or religious creed and practices of an otherwise qualified applicant or employee, unless undue hardship would result. Any individual who requires accommodation in order to perform the essential functions of his or her job should advise us of this in writing as soon as possible after the need for accommodation has arisen. The Company will engage in a timely, good faith interactive process with the employee or applicant to determine the need for a reasonable accommodation. If a reasonable accommodation exists that will not impose an undue hardship upon the Company, an accommodation will be made.

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TERMS OF EMPLOYMENT THERMA employs its employees on an at-will basis. Employees may resign at any time with or without advance notice and with or without cause. Likewise, THERMA may terminate any employee at any time with or without advance notice and with or without cause. No supervisory personnel have any authority to enter into any agreement for employment for any specific period of time or to make any agreement contrary to the foregoing. Only the CEO or CFO has the authority to make any agreement contrary to the at-will employment status, which must be in a signed writing to be effective. No contract concerning any term or condition of employment can be established by any statement, conduct, standard, or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of THERMA include, but are not limited to, promotion, demotion, transfers, compensation, benefits, duties and discipline. In compliance with the Immigration Reform and Control Act of 1986, all employees must complete an Employment Eligibility Verification form and provide proof of eligibility to work in the United States no later than three business days after s/he begins work. If the employee has not provided proof of eligibility to work within these three days, employment will be terminated.

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All employees are required to sign the Company’s Confidentiality Agreement. This signed document is kept in the employee’s personnel file. The Company reserves the right to transfer an employee to another shift, department, job duties, supervisor and/or location when deemed in the best interest of the Company. PERSONNEL RECORDS The information recorded in your personnel file is extremely important to you and to THERMA. It is your responsibility to make sure that the personal data in the file is accurate and up to date. Report any change of address, phone number, etc. to Human Resources in writing immediately. You have the right to inspect and request a copy of your personnel file and payroll records, as provided by law. Please contact Human Resources if you would like to inspect and/or copy your file.

EMPLOYEE RELATIONS PHILOSOPHY THERMA believes that regular discussions between employees and their supervisors or, if necessary, the Human Resources Manager, is the best way to handle employee problems or concerns. Occasional conflicts are unavoidable in a fast-paced, growing business. Most of these issues can be quickly resolved if they are handled 12 | P a g e

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promptly, with openness and respect. Therefore, the Company provides a method for resolution of problems or concerns experienced by THERMA employees. Grievance Policy The Company’s Grievance Policy is intended to provide an effective method for resolution of differences. Whenever you have a problem or complaint, we expect you to communicate directly with your manager or supervisor or with the Human Resources Manager. You can take the following steps: 1. First, talk to your immediate manager or supervisor. Your manager or supervisor is most familiar with you and your job, and therefore, is in the best position to assist you. Your manager or supervisor works directly with you and is interested in seeing that you are treated fairly. 2. If your manager or supervisor is unable to assist you in successfully resolving the matter, you can speak to the Human Resources Manager. Complaints or reports of discrimination or harassment are governed by the policies in this handbook regarding Equal Employment Opportunity and Harassment. Open Door Policy When an employee is unable to resolve matters by speaking with his or her supervisor or manager or with Human Resources, an employee may use the Open Door Policy and speak to any supervisor or manager regarding 13 | P a g e

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workplace concerns. Employees may use the Open-Door at any time and may do so without fear of reprisal or retaliation for its use. THERMA endeavors to use discretion and care in investigating any employee complaint. It is the Company’s philosophy that, whenever possible, satisfactory internal resolution of employees’ job-related concerns is in the best interest of everyone at THERMA. CUSTOMER RELATIONS As a THERMA employee you are responsible to conduct customer affairs with the highest principles of business ethics and provide support that creates lasting customer relations. The success of THERMA depends upon the quality of the relationships between THERMA and our employees, our customers, our suppliers and the general public. Our customers’ impression of THERMA along with their interest and willingness to purchase from us is formed by the people who serve them. In a sense, regardless of your position, you are a THERMA ambassador. The more goodwill you promote, the more our customers will respect and appreciate you, THERMA and THERMA’s products and services. The Company is committed to secure business solely on the merit of its capabilities and not on the basis of favorable treatment or special concessions from customers or sales agents obtained by bribes, kickbacks, or other unlawful or improper payments. Such payments, 14 | P a g e

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whether made by or to an employee working with THERMA directly or arranged through another person, are prohibited in any form. Anyone found to be giving or receiving such payments is subject to corrective action, up to and including termination and may also face prosecution. STANDARDS OF CONDUCT THERMA is a professional organization and as an employee of the Company you are expected to conduct yourself in a professional manner which complies with State, Local, and Federal Law. Examples of the types of misconduct, which may result in corrective action, up to and including, immediate termination, are listed below. This is not intended as a complete list of conduct that may result in corrective action, but rather a representative list to provide you with guidance as to what is expected of you in the scope of your employment with the Company. Furthermore, this list of inappropriate conduct does not alter or modify in any way THERMA’s standard of employment-at-will. Behavior and conduct that is inappropriate includes, but is not limited to, the following: 1.

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2.

Actual or threatened physical violence on Company time or Company property 3. Disclosing or furnishing to any other person, firm, agency, corporation, client, business, or enterprise, any confidential or proprietary information acquired during your employment 4. Soliciting from co-workers during any employee’s working hours without prior authorization from the Human Resources Department 5. Violating THERMA’s non-discrimination and/or harassment standard 6. Distributing unauthorized literature or any written or printed material in work areas during working time or in work areas 7. Leaving the work area without proper authorization 8. Excessive absenteeism or tardiness 9. Failure to comply with notification procedures for sick days, vacation time, or leaves-of- absence 10. Failure to return to work after a vacation or leaveof-absence without the express written consent from the supervisor or manager 11. Failure to provide a physician’s note for absences, when required or requested 12. Unauthorized use of Company supplies and property 13. Theft or dishonesty 14. Failure to comply with Company security regulations 15. Failure to cooperate in any internal Company investigations 16 | P a g e

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16. Willful or negligent misuse or damage of the property of the Company, its customers, or another employee 17. Insubordination, including but not limited to, failure or refusal (despite warnings) to perform assigned duties in accordance with performance standards, failure or refusal (despite warning) to adhere to Company policies and procedures; provided however this prohibition will not eliminate the right of an Employee to engage in protected, concerted activity related to safety or working conditions or other conduct related to mutual aid and protection 18. Making derogatory racial, ethnic, religious or sexual remarks or gestures; any violation of the Harassment and Equal Employment Opportunity policy; or using profane or abusive language at any time on Company premises 19. Violating the Company’s Drug-Free Workplace Standard 20. Reporting for work intoxicated or under the influence of non-prescribed drugs, and/or the use, sale, distribution, or transportation of illegal drugs 21. Smoking in restricted areas 22. Sleeping or malingering on the job 23. Possessing firearms, explosive materials, or any kind of weapon on Company property 24. Failure to comply with Company health and safety regulations 25. Failure to observe working schedules, including the required rest and meal periods Failure to meet standards of quality and quantity of work 17 | P a g e

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26. Refusal to sign THERMA’s Restrictive Covenant Agreement HARASSMENT THERMA is committed to providing a positive work environment free of prohibited harassment. THERMA’s work environment is not limited to its facilities, but may also include customer and vendor facilities, as well, as anywhere a business-related function is taking place. In addition, our work environment includes the Company’s electronic communications and computer systems. Inappropriate use of these systems to engage in prohibited harassment will not be tolerated. THERMA’s Harassment Policy prohibits sexual harassment and harassment due to race, color, religion, national origin, ancestry, sex, age, mental or physical disability, medical condition, pregnancy, sexual orientation, gender identity or gender expression, marital status or veteran status, or any other legally protected characteristic. The harassment prohibited by this policy encompasses conduct between individuals of the opposite sex, individuals of the same sex, supervisors and employees, co-employees, and between an employee and any individual who has a business, service, or professional relationship with THERMA.

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Prohibited harassment includes, but is not limited to, the following, when based upon a legally protected characteristic:  Verbal harassment such as epithets, derogatory jokes or comments, slurs, or unwanted comments and jokes  Visual harassment such as derogatory posters, photography, cartoons, drawings, or gestures  Physical harassment such as assault, unwanted touching, blocking normal movement, restraining, or otherwise physically interfering with the work of another individual  Retaliation for having reported, or threatened to report, harassment or discrimination, or having assisted another employee to report harassment or discrimination Policy Statement on Sexual Harassment Sexual harassment is harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions. The definition of sexual harassment includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser when the harassment is based on sex. The following is a partial list of types of sexual harassment:  Unwanted sexual advances 19 | P a g e

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 Offering employment benefits in exchange for sexual favors  Actual or threatened retaliation  Leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons or posters  Making or using sexual or gender based derogatory comments, epithets, slurs, or jokes  Sexual comments including graphic comments about an individual’s body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations  Physical touching or assault, as well as impeding or blocking movements It is important to note that sexual harassment crosses age and gender boundaries and cannot be stereotyped. THERMA will investigate any complaint of sexual harassment and will take immediate and appropriate disciplinary action if sexual harassment is found. As with any type of harassment, THERMA prohibits any employee from retaliating in any way against anyone who has raised any concern about sexual harassment. Procedure for Reporting a Complaint Any employee who believes s/he has witnessed prohibited harassment or believes that s/he has been subjected to prohibited harassment should immediately report the harassment to supervisory personnel or to Human Resources, without fear of reprisal. An 20 | P a g e

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individual is not required to report harassment to his or her immediate supervisor if the individual feels uncomfortable doing so or if the individual believes that his or her supervisor is part of the problem or otherwise violating this policy. Therefore, an individual may report harassment to his or her supervisor or to any member of management, the Human Resources Department, or the company’s ethics officer. Any supervisory and managerial personnel who learn of conduct that may constitute prohibited harassment must immediately inform Human Resources. The Human Resources Manager has the primary responsibility of investigating and resolving complaints of harassment promptly. All investigations shall be conducted in as confidential a manner as is compatible with a thorough investigation of the complaint. All employees have a duty to cooperate in investigations of alleged harassment. Any employee of THERMA, if determined by impartial investigation to have violated the company’s Harassment Policy, will be subject to appropriate corrective action, up to and including termination. THERMA will also take any additional action necessary to appropriately remedy the situation. Retaliation of any sort will not be permitted. No adverse employment action will be taken against any employee making a good faith report of alleged harassment. Complaints of unlawful harassment can be filed with the federal Equal Employment Opportunity Commission, or 21 | P a g e

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with a state agency, such as the California Department of Fair Employment and Housing for California employees. These agencies may accept, investigate, prosecute, and remedy complaints. The telephone number for the nearest office of the California Department of Fair Employment and Housing and other agency telephone numbers are listed on their applicable websites and/or in the telephone book.

WORKPLACE VIOLENCE THERMA firmly commits to providing a workplace that is free from threats or acts of violence by adopting a zero-tolerance standard that applies to all employees. In addition, the Company is committed to preventing violence or threatening behavior on Company premises by non-employees, such as visitors, guests, customers, or family members of employees. Examples of behaviors that constitute “threats or acts of violence” include, but are not limited to:  Verbal abuse or threats of causing harm  Excessive use of profanity  Provoking a fight or fighting during working hours or on Company or customer property  Expression of suicidal thoughts  Vandalizing and/or stealing of property (or attempts)  Physical assaults on individuals or property 22 | P a g e

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 Attempts to commit homicide  Attempts to commit armed robbery Employees should notify their supervisors if any restraining order is in effect, or if a potentially violent situation exists outside of work that could result in violence in the workplace. Keeping the workplace free of violence can only be accomplished if every employee takes personal responsibility for awareness of and reporting of potentially violent behavior. Therefore, the Company requires all employees to report any incident involving threats or acts of violence immediately to their supervisor or to Human Resources. The supervisor shall report the matter immediately to Human Resources, who will investigate the matter and take appropriate corrective action. This may include corrective action against employees who are found to have violated this standard, up to and including, immediate termination. Employees making reports of threats and or acts of violence will not be retaliated against and the Company will not tolerate any such retaliation. WEAPONS IN THE WORKPLACE THERMA believes it is important to establish a clear policy that addresses weapons in the workplace. Specifically, THERMA prohibits all persons who enter onto company property from carrying handguns, 23 | P a g e

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firearms, knives or other such weapons regardless of whether the person is licensed to carry the weapon or not. The only exception to this policy will be police officers, security guards or other persons who have been given written consent by THERMA to carry a weapon on the property. Any employee who violates this policy will be subject to immediate termination. DRUG-FREE WORKPLACE Drugs can negatively affect job performance, endanger coworkers, and tarnish the Company’s reputation. THERMA is committed to providing a safe, healthy, and productive work environment that is free from alcohol and unlawful drugs as classified under local, state, or federal laws, while employees are working on the employer’s premises and while operating employerprovided vehicles. To that end, and in the spirit of the Drug-Free Workplace Act of 1990, THERMA has adopted the following policies:  Employees who suspect that a coworker is under the influence of drugs or alcohol and are unable to perform his/her job duties in a safe manner must contact supervisory personnel or Human Resources immediately.  The illegal use, sale, or possession of narcotics, drugs, or controlled substances while on the job, on Company property or on a client site is 24 | P a g e

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







   

prohibited and may result in corrective action up to and including immediate termination. The illegal use of drugs off duty and off Company premises is unacceptable and a conviction for the illegal use, sale or possession of narcotics, drugs or controlled substances off duty or off Company property may result in termination, except in California for a misdemeanor marijuana conviction more than two years old. While marijuana has been legalized under state law for medicinal and recreational uses, it remains an illegal drug under federal law and its use as it impacts the workplace is prohibited by THERMA’s policy. As an on-going condition of employment, employees are required to abide by this prohibition and notify their supervisor and/or Human Resources, in writing and within five (5) days of the violation, of any criminal drug conviction. Unless otherwise prohibited by state law, an employee arrested for a drug-related offense that would result in termination if convicted, while awaiting trial, may be suspended without pay until: All charges against him/her are dropped The employee pleads guilty, or The trial results in a verdict If an employee receives a criminal drug conviction, THERMA will take appropriate action against the employee up to and including termination. THERMA also reserves the right to require the employee to satisfactorily participate in 25 | P a g e

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an approved drug-abuse assistance or treatment program as a condition of continued employment.  THERMA may provide Company-owned lockers for the safekeeping of employee personal property in certain areas. The storage of alcohol, illegal drugs, or weapons in employee lockers, desks, offices or other Company property is strictly prohibited. The Company reserves the right to inspect Company-owned lockers, desks, offices, and other property at any time without notice. The authorized use and control of alcoholic beverages at Company-sponsored functions must be arranged through Human Resources and they must have the approval of the Company’s CEO and/or CFO. Supervisory personnel are expected to exercise responsibility and good judgment on these occasions. The legal use of controlled substances, such as prescription drugs prescribed by a licensed physician or over-the-counter medications, is allowed. However, if an employee cannot perform his/her job satisfactorily or safely while using prescriptions or over-the-counter medication, a meeting must be arranged with Human Resources to address available options. THERMA encourages employees with chemical dependencies (alcohol or drug) to seek treatment and/or rehabilitation and THERMA will generally provide leave for this purpose. Employees desiring such assistance should request to meet with Human Resources. This meeting will address the options available. The Company is not obligated to continue to employ any 26 | P a g e

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person whose performance of essential job duties is impaired because of drug or alcohol use. Employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. This guideline on treatment and rehabilitation is not intended to affect the Company’s Drug Free Workplace policy. Rather, rehabilitation may be an option in certain circumstances for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency. Drug-Testing and Background Screening Many of our customers require “Pre-Placement” and “Reasonable Suspicion” substance abuse testing and/or “Background Screens”. All employees should be aware that some of our customers do require this. If an employee will be working at a site that requires testing or screening, the employee must follow the guidelines established by the customer as long as the guidelines comply with all state laws governing drug testing and background screening and are designed to safeguard employee privacy rights to the fullest extent of the law. THERMA also reserves the right to conduct drug testing at certain times before and during employment with THERMA. If a drug test is requested by THERMA, the 27 | P a g e

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employee must sign a testing authorization and acknowledgement form confirming that he or she is aware of the policy and the employee’s rights. A consent form will also be required for a background check. Refusal to submit to drug testing or a background check as required for a particular job site, or by THERMA, may result in an employee’s removal from the project, and disciplinary actions up to and including termination of employment. Testing Based on Reasonable Suspicion Employees may be asked to submit to a drug or alcohol test if, based on reasonable suspicion, THERMA believes an employee possesses or is under the influence. Employees who take medication that is legally prescribed under both federal and state law should inform Human Resources if they believe the medication will impair their job performance, their safety, or the safety of others to discuss possible reasonable accommodations. Post-Incident Testing Employees involved in any work-related accident or incident may be required to submit to drug or alcohol testing. This applies even if the incident did not result in injury to any person or any property damage. Testing Procedures All drug and alcohol testing under this policy will be conducted by an independent testing facility licensed by the state of California, which will obtain the employee’s 28 | P a g e

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written consent prior to testing. THERMA will pay for the full cost of the test. All records relating to an employee’s drug and alcohol test results will be kept confidential and maintained separately from the individual’s personnel file. Drug Testing Results If the employee receives notice that the employee's substance abuse test results were confirmed positive, the employee will be given the opportunity to explain the positive result. In addition, the employee may have the same sample retested at a laboratory of the employee's choice. If there is reason to suspect that the employee is working while under the influence of an illegal drug or alcohol, the employee will be suspended with pay until the results of a drug and alcohol test are made available to THERMA by the testing laboratory. Background Screening Results If a background screen shows that an employee’s background does not fall within the established guidelines of the customer, the employee will receive a copy of the report along with a written description of the individual’s rights. Next, THERMA will afford a reasonable period of time for the employee to dispute the reported results. THERMA will use the following as criteria for potential termination, taking into account the nature and gravity of 29 | P a g e

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the offense or conduct, the time that has passed since the offense occurred and completion of sentence, and the nature of the job sought, and all other factors as required by state or federal law:  Criminal convictions relating to theft, including obtaining property by deception, burglary, shoplifting, as well as convictions for attempts thereof (excluding non-sufficient fund checks).  Convictions for receiving stolen property.  Convictions for crimes involving violence (homicide, manslaughter, sexual assault, weapons convictions, assault/battery, willful cruelty and unjustifiable punishment of a child).  Intentional misrepresentation of social security number (felony fraud).  Misrepresentation of eligibility to work based on immigration status.  Any convictions for possession, use, manufacture and/or distribution of an illegal or controlled substance to the greatest extent permitted by applicable law, except in California for amisdemeanor marijuana conviction more than two years old. ATTENDANCE Consistent punctuality is a condition of employment at THERMA. As an employee of THERMA, you are expected to report to work on time, observe the rest and 30 | P a g e

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lunch time periods, and not leave work early without approval. You should always get prior authorization for absences. However, in unanticipated situations such as emergencies, illness, or tardiness you are expected to provide timely notification to your supervisor at least one hour before the start of your workday or shift. Calling in and leaving a message with the receptionist or another employee may not be acceptable and you are required to make the notification yourself, except in cases of emergency. Unavoidable situations such as illness or personal emergencies are considered to be valid reasons for absence from work. However, excessive absences, whether valid or not, may lead to corrective action because of their deleterious effects on business. As always, situations are handled on an individual basis. The Company reserves the right to take whatever action it deems appropriate in any given situation, up to and including, termination. CONFLICT OF INTEREST The Company is committed to conducting all of its activities in accordance with the highest standards of integrity, ethics and objectivity. In all actions and relationships which may affect the Company or where any employee represents or negotiates on behalf of the Company, employees, Officers and Directors must not misuse the authority or influence of their positions. Employees must avoid situations that interfere with one’s 31 | P a g e

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judgment when acting on behalf of the Company or exploits one’s position with the Company for personal or financial gains. Situations that result in actual or even potential conflicts of interest must be avoided by all employees. Relationships with competitors, suppliers, customers or co-employees that may impair an employee’s ability to exercise good judgment on behalf of the Company or which give the appearance of such impairment create an actual or potential conflict of interest. Any employee involved in such a relationship must immediately and fully disclose the nature of the relationship to Management so a determination can be made as to whether an actual or potential conflict exists, and if so, how to correct the situation. This rule is not intended to restrict activities related to terms and conditions of employment or concerted, mutual aid and protection. The Company will not construe or apply this policy in a manner that improperly interferes with or limits employee rights under the National Labor Relations Act. Outside activities (second jobs, side businesses, clubs, etc.) must not interfere with your ability to fully perform your job duties at THERMA or create a conflict of interest as described herein. Potential conflicts of interest include, but are not limited to: 1. Ownership or service by an employee or family member(s) of companies in any of these categories: 32 | P a g e

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   

a business competitor supplier or prospective supplier customers or potential customers, and/or organizations dealing with, or seeking to deal with, the company

2. Working in any outside employment, including selfemployment and consulting (an employee is not prohibited from holding a second job outside THERMA as long as it does not cause a conflict of interest, either by the nature of the job as described above, or its effect on the employee’s job performance at THERMA). Employees should always consult with their manager to assess a potential conflict of interest prior to obtaining employment in addition to their work at THERMA. 3. Acceptance of gifts from any person or organization doing, or seeking to do, business with the Company or competing with the Company. Always inform your manager immediately if such an offer is made to you. 4. Direct or indirect acquisition of real estate, patent rights, securities, or any other type of property in which the Company has had, or may have, an interest in acquiring. It is the employees’ duty to keep management fully and promptly informed of all possible conflicts as soon as the employee becomes aware of such condition. 33 | P a g e

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Employees who are found to have violated the Company’s Conflict of Interest policy are subject to corrective action, up to and including, termination. PROPRIETARY INFORMATION Proprietary information is one of the most important assets of our Company. For this reason, as required by law and in consideration for wages and other applicable benefits, and as a condition of employment, employees are obligated to not disclose to unauthorized persons any proprietary information to which they gain access during the course of their employment with THERMA. Proprietary information includes, but is not limited to, customer lists, patents, formulas, trade secrets, processes, details with respect to research and development, personnel records and data, equipment, market information, sales, and financial records. Every employee receives a Confidentiality and Invention Assignment Agreement during their new hire orientation, which they must complete and sign. The completed and signed form is collected and kept in the employee’s personnel file. In addition, every employee must complete and sign any revision to the Confidentiality and Invention Assignment Agreement within ten (10) working days from the receipt of the revised Agreement. All signed revisions are also collected and kept in the employee personnel file. 34 | P a g e

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Failure to adhere to Company security rules with regard to proprietary information may result in corrective action, up to and including, termination. Upon termination of the employment relationship, all tangible proprietary information in the employee’s possession must be returned to the Company. Moreover, the obligation not to disclose proprietary information continues even after termination of the employment relationship and will be reviewed at the exit interview. RIGHTS OF “WORK PRODUCT” “Work Product” is material, information or inventions that you create. “Work Product” you create while working for THERMA is owned by THERMA. Employees may be asked during or after their employment to aid THERMA in ensuring ownership of its “Work Product”, including help in applying for trademarks, copyrights or patents. EMPLOYMENT OF RELATIVES No employee may, without the advanced written authorization of the CEO or CFO, employ directly under their supervision or in their direct chain of command any member of their family. Any employee found to have violated this standard will be subject to corrective action, up to and including termination. 35 | P a g e

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BUSINESS COMMUNICATION TOOLS As an employee of THERMA, the Company may provide you with e-mail, Internet services and/or communication tools (such as desk phones, cellular phones, pagers, and any other tool the Company provides for purposes of communicating with your supervisor, co-workers, customers and other such individuals in the course of doing business). These tools are provided in order to allow employees to conduct company business. Employees should have no expectation of privacy when utilizing the Company’s technology. The company retains the right to monitor at any time employees’ use of its technology. Although passwords may be utilized to restrict access to certain systems, the passwords are designed to protect against unauthorized access – not access by authorized Company representatives. The Company retains the right to enter into any of its technology systems and to inspect and review any and all data recorded in the systems. The following guidelines have been established:  Internet access is made available to employees on an as-needed basis. THERMA reserves the right to monitor sites that are being accessed using company provided Internet services and all Internet users are restricted from visiting Internet sites that contain sexually explicit, racist, violent or other potentially abusive or harassing materials. 36 | P a g e

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 All messages sent through Company e-mail, Internet gateways and/or other communication tools provided by the Company are Company property and therefore not private or confidential to the sender. The Company, through its authorized delegates, has the right to retrieve and read all email and voice mail messages.  THERMA discourages employees from using the Company provided communication tools for conducting personal business during working time.  The distribution of commercial, abusive, discriminatory or harassing messages or any other messages in violation of Company standards and/or federal laws through Company e mail, Company provided Internet gateways or other communication tools is prohibited .  Company provided communication tools should not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information or similar material without prior authorization from the CEO or CFO. Unless authorized to do so, employees are not to retrieve and read other employee’s messages. Non-compliance with information security requirements will be reported to management and can result in loss of access to business communication tools and disciplinary action up to and including termination. 37 | P a g e

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COMPANY EQUIPMENT AND PROPERTY Employees may possess and use Company equipment and property only as authorized by their manager. Company equipment and property includes all articles or equipment made available or provided to any employee for the purpose of executing his/her job duties and responsibilities, including but not limited to: keys, calculators, credit cards, hardware and software, badges, tools, vehicles, stationery supplies, technical manuals, telephones, lockers, and office furniture. Employees are held accountable for the proper care of Company equipment and property. Do not transfer possession or use of THERMA equipment and property without authorization from your department manager. Unauthorized transfer, use, or willful destruction of Company equipment and property may result in corrective action, up to and including, immediate termination. If you find that any equipment is not working properly or in any way appears unsafe, please notify your supervisor or manager immediately. Employees will be required to return all Company equipment and property in good condition upon termination. THERMA may provide Company-owned lockers for the safekeeping of employee personal property in certain 38 | P a g e

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work areas. THERMA is not responsible for any loss or damage to personal property kept in Company-owned lockers. The storage of alcohol, illegal drugs, or weapons in employee lockers, desks or offices or other Company property is strictly prohibited. By using any Companyowned equipment or property – including electronics such as computers, and lockers or desks provided by the Company – you consent to the Company conducting searches of such property. The Company reserves the right, at any time, and without prior notice, to inspect any and all of the Company’s property or facilities to ensure that Company policy is being followed. Such inspections may be conducted during or after business hours and in your presence or absence. Job Site Materials Quite often extra material (copper, metal, piping, etc.) is leftover when a project is completed. This “scrap” material is generally the property of THERMA’s customer, and when it is not, it is the property of THERMA. If a customer requests that a THERMA employee haul away “scrap” materials from a job site, the employee must obtain prior approval from the site’s Project Manager. The “scrap” materials must then be brought back to THERMA or recycled directly from the job site. Any money obtained through the recycling of materials must be given to THERMA’s CFO. EMPLOYEE PERSONAL PROPERTY 39 | P a g e

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THERMA does not assume responsibility for the loss of or damage to your personal property including, but not limited to, items such as purses, personal computers, radios, and personal tools. Nor is the Company responsible for employee vehicles parked on Company property. For security reasons, employees are urged not to bring valuable personal property to work or in their vehicles parked at a Company facility. Missing or damaged personal property should be reported immediately to management who will address this as a security issue. It may be appropriate to contact the local authorities and file an official report. Willful damage to or theft of employee property is prohibited and violators are subject to corrective action, up to and including immediate termination. SOLICITATION For reasons of safety, health, personal privacy, Company confidentiality and discipline, THERMA prohibits solicitation, distribution, and trespassing on Company premises by non-employees. If a visitor attempts to solicit or distribute literature, s/he should be advised of the Company standard and asked to cease his/her activities immediately. If the visitor refuses to stop the activity or leave, supervisory personnel or Human Resources should be notified at once. 40 | P a g e

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Employees are prohibited from solicitation and distribution of non-work related literature or product during working time and in work areas. Working time includes the working time of both the employees doing the solicitation and distribution and the employees to whom it is directed. PURCHASES Any purchases that you make for which you expect reimbursement from the company must be approved, in advance, in writing by the CEO or CFO. EMPLOYEE ATTIRE THERMA’s Company standard is that each employee must dress suitably for the job s/he is responsible for, in a manner that is appropriate and professional for a business setting and in a manner that addresses safety requirements, if any. In the event a dress or grooming requirement conflicts with an employee’s sincerely held religious belief, an accommodation will be considered and an exception may be granted. Examples of inappropriate attire include, but are not limited to:  Any clothing with offensive slogans, symbols, jargon, graphics  Aerobic wear, bare midriffs 41 | P a g e

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 Jeans that are tattered or torn As always, employees should dress appropriately when dealing with customers and visitors. Remember that you represent THERMA and should be sensitive to customer expectations. If you have questions regarding employee attire, contact your manager or Human Resources. RIGHT TO WORK Federal regulations require that 1) upon becoming employed, all applicants must complete and sign a Federal Form I-9, Employment Eligibility Verification Form, and 2) all applicants who are hired need to present documents of identity and eligibility to work in the U.S. within three (3) days of the date of hire. DISCIPLINARY ACTIONS Disciplinary actions may include, but are not limited to formal and informal verbal warnings, written warnings, performance improvement plans, suspensions and termination. Warnings, suspensions, performance improvement plans and terminations should be documented and maintained in the employee’s personnel file. All or none of these disciplinary actions may take place prior to an employee’s employment being terminated. The above mentioned disciplinary actions do not alter the “at-will” status of the employment 42 | P a g e

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relationship. An employee may be terminated at any time, with or without cause and without notice. EMPLOYMENT STATUS THERMA designates employee classifications in order to determine administration of salary and Company benefits. All employment with THERMA is “at-will.” You were informed at the time of your job offer that one of the following classifications applies to you: Employee: Regular, Full-Time If you are employed 30 or more hours per week for a period of indefinite duration, you are classified as a Regular, Full-Time Employee. In this classification, you are eligible for all Company benefit programs, provided that you meet all the requirements of a particular benefit (for example, employees must meet an age requirement to be eligible for the 401(k) Plan). Employee: Regular, Part-Time If you are employed for fewer than 30 hours per week you are classified as a Regular, Part-Time Employee and, as such, you are not eligible for THERMA Benefit programs. In addition to the above categories, the Fair Labor Standards Act of 1938, as amended and state wage and hour regulations define Exempt and Non-Exempt Status. You were informed of your status in your offer letter. This designation determines an employee’s eligibility for 43 | P a g e

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overtime pay in the following manner: Exempt employees do not receive compensation for overtime. Non-exempt employees are paid overtime in compliance with applicable Federal, State or Local law. OTHER WORKER STATUS Temporary Worker The Company sometimes needs workers in short-term jobs for specific projects or assignments during a peak workload, or in the temporary absence of an employee, and retains such workers through a temporary staffing agency. Individuals working under such circumstances are not employees of THERMA. Temporary workers are not entitled to participate in any of THERMA’s benefit programs. Independent Contractor-Consultant An Independent Contractor-Consultant is a unique category of worker and is not an employee of THERMA. All Independent Contractor-Consultants must have a completed and signed Independent Contractor– Consulting Agreement on file. SUMMARY OF BENEFITS PACKAGE FOR REGULAR, FULL-TIME EMPLOYEES All regular, full-time employees (scheduled to work 30 or more hours per week) are eligible for THERMA’s benefits package the first of the month following the successful completion of the employee’s 90-day 44 | P a g e

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probationary period. At your new hire orientation you should have received detailed information and enrollment material on the benefits programs our Company offers. If you did not receive this important benefits information, contact Human Resources immediately. The following is only a summary of the benefits THERMA offers. Details on all the benefit options listed in this handbook are available in the New Hire package prepared by Human Resources. If there is any conflict between the summary in this handbook and any applicable legal documents, the language of the legal document will govern. Regular, Full-Time Employees’ health and welfare benefits begin on the first on the month following the successful completion of the employee’s 90-day probationary period. Additional waiting periods apply to the 401(k) Profit Sharing Plan. Regular, Full-Time Employees may elect medical, dental, and vision coverage, or they may decline medical, dental and/or vision coverage. Regular, Full-Time Employees automatically receive basic life insurance; basic AD&D insurance and longterm disability insurance at no cost to them and may enroll in medical, dental, and vision coverage at no cost to them. Regular, Full-Time Employees may enroll their eligible family members in medical, dental and vision benefits for a small employee contribution amount which will be deducted from the employee’s first paycheck each month. To enroll in medical, dental, and vision benefits, employees must complete the benefits enrollment forms and return them to Human Resources within thirty (30) 45 | P a g e

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days of hire. The decisions that employees make when they are hired will remain in effect until the next annual “open enrollment period” unless they have a qualified change in family status as defined by the IRS. If a Regular, Full-Time Employee experiences such a change, s/he should contact Human Resources immediately and no later than thirty (30) days of the qualifying event. If Regular, Full-Time Employees have other medical insurance (i.e., through their spouse’s employer), and do not need THERMA coverage, they may “opt out” by providing written proof of other coverage. If a Regular, Full-Time Employee goes on a leave-ofabsence, s/he will, in general, be entitled to continue to participate in THERMA’s health plans upon making the appropriate arrangements with Human Resources. These arrangements must be made, when possible, before the leave begins. Arrangements will include the assessment of premiums while s/he is on leave. See Human Resources for details. A Regular, Full-Time Employee’s benefits coverage ends when s/he is no longer eligible or the last day of the month in which the employee terminates. Additionally, dependent coverage ends when a dependent ceases to meet eligibility requirements or the last day of the month in which the employee terminates. An eligible, Regular, Full-Time Employee and his/her dependents may be able to continue medical, dental, vision coverage under the Consolidated Budget Reconciliation Act of 1995 (COBRA) for a specified period of time, depending on 46 | P a g e

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the situation. At the time of termination, the Cobra Administrator will send, by mail, the COBRA Election Form to the address of record provided to the Company by the eligible employee. See Human Resources for details, including eligibility requirements and qualifying events. The Company reminds all employees that THERMA may alter, amend, or terminate any benefits or benefit plans at any time. We continually evaluate our benefit plans and options, considering changes within our Company, the insurance industry, and the law. VACATION THERMA encourages employees to use their vacation hours because rest, relaxation and time away from work are key factors in helping employees balance their work lives and personal lives. Employees are encouraged to take vacations of at least one week in duration in order to achieve the goal of resting and relaxing away from the job. The following is a guide for how Regular, Full-Time Employees accrue vacation benefits: Date of hire less than 3 months away from end of calendar year 3 months after date of hire to end of calendar year

No Vacation Time 5 Days (40 hours) 47 | P a g e

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First of the year following date of hire to 10 years of service First of the year following 10 full years of service

3 Weeks Per Year (120 hours) 4 Weeks Per Year (160 hours)

Part-time employees who regularly work 20 hours per week or less and Interns are not eligible for paid vacation. On the first of the year following date of hire and thereafter THERMA employees shall accrue half of their vacation entitlement on January 1 of each calendar year, and the other half on July 1 of each calendar year. Unused vacation hours carry into the next calendar year of an employee’s service with the Company. However, there is an accrual cap. The maximum unused vacation balance you are allowed to have at any one time, shall equal forty (40) hours plus your current annual vacation rate, unless otherwise delineated by an applicable state law. When that maximum is reached, additional vacation hours will not accrue until you take vacation and your vacation balance falls below your maximum number of allowed vacation hours. Vacations must be scheduled and approved in advance with your supervisor. All employees must complete an Absence Request when requesting a vacation and have their supervisor sign the form. Absence Request forms should be submitted to Human Resources for verification of vacation hours and approval. 48 | P a g e

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Vacation hours must be utilized for planned absences, employees will not be allowed to “make-up” missed hours by working additional hours on another workday. Exceptions to this rule will be looked at on a case by case basis and must be approved by the Company’s CEO or CFO. Upon termination of employment, any earned but unused vacation hours will be paid with the employee’s final paycheck as required by law. HOLIDAYS If you are a Regular, Full-Time Employee, you are eligible to qualify for Company-paid holidays. THERMA provides ten (10) paid holidays each calendar year. The following holidays are generally recognized by THERMA each year: New Year’s Day Martin Luther King Jr. Day Presidents’ Day Good Friday Memorial Day

Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day

The annual holiday schedule is determined prior to the beginning of each calendar year by the CEO and CFO. The Company reserves the right to add, delete, or change 49 | P a g e

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any of these recognized holidays at any time throughout the year. If you are a non-exempt employee and work on a holiday, you will be paid your holiday pay and your regular base hourly rate for all regular hours worked. Overtime will be paid according to the Company’s Overtime Standard unless state or federal law requires additional payment. Exempt employees do not receive additional compensation or time off for working on a scheduled holiday. If a holiday falls during your approved vacation, you will be paid for the holiday and will not be charged vacation time for the day the holiday is observed. If you are on an unpaid leave-of-absence (medical, family, personal, military) you are not eligible to receive holiday pay. SICK LEAVE PAY Paid sick leave is a benefit that is accumulated in order to provide a cushion for incapacitation due to illness. It is to be used only when actually required for illness or injury; sick leave is not for “personal” absences. However, an employee may use the employee’s accrual to attend to the diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee or the employee’s family member. Employees who are victims of domestic violence, sexual assault, or stalking may also use their accrual as necessary in accordance with the law. The Company reserves the right to require 50 | P a g e

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an employee to submit, within a reasonable time after the absence, medical certification, documentation, or other verification that any absence was due to the above reasons. The Company reserves the right to take appropriate steps to investigate an employee’s use of sick leave. Accrued sick leave is not paid at termination of the employment relationship. You must use your sick leave in at least one (1) hour increments. You must provide reasonable advance notification, orally or in writing, of the need to use sick leave, if foreseeable. If the need to use sick leave is not foreseeable, you must provide notice as soon as practicable. The Company will not terminate or retaliate against you for requesting or using any accrued sick leave. You may file a complaint with the appropriate agency if you believe you have been subjected to retaliation. Sick time is accrued on the first day of each calendar year. The following is a guide for how Employees accrue sick benefits: Date of hire less than 3 months away from end of calendar year 3 months after date of hire to end of calendar year First of each calendar year thereafter

No Sick Time 5 Days (40 hours) 5 Days (40 hours)

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THERMA requires employees to schedule medical or dental appointments at the beginning or end of a workday to minimize the disruption caused by their absence. THERMA also reserves the right to refuse to allow employees to attend medical or dental appointments on a certain day or at a certain time if it will cause a disruption to business needs.  If an employee is ill or injured and no sick leave hours are available to cover the time away from work, the employee will be in a non-paid status  Sick leave hours will only be paid when approved by management. Hours paid as sick time will be paid at the employee’s base rate of pay unless Federal, State or Local Law requires additional payment  Sick time paid will not be counted toward calculation of overtime  Sick leave hours are not considered wages owed and will have no cash value at termination  Sick leave hours cannot be used as extra vacation You are required to notify your supervisor of your absence in a timely manner unless you are on authorized medical leave. Calling in and leaving a message with the receptionist or another employee may not be acceptable, nor may you have someone else call in for you, except in cases of emergency. It is your responsibility to be familiar with and utilize the notification process established by your supervisor. Failure to properly notify your supervisor, or an absence that is not approved by 52 | P a g e

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your supervisor, may cause you to not be granted paid sick leave. The Company reserves the right to request a doctor’s certificate if you are absent due to illness or injury for more than 3 days. You must submit a signed Absence Report to Human Resources when returning from an illness or injury absence. Generally, if you are absent 3 consecutive days without personally notifying your supervisor, effective as of the end of your work shift on the third day, the Company will consider you to have voluntarily resigned and the employment relationship will be terminated at that time. BEREAVEMENT All Regular, Full-Time Employees are eligible for paid bereavement days. Part-Time Employees may request unpaid time off for bereavement. However, approval is at the discretion of management. An eligible employee can be paid up to 3 days bereavement in the event of the death of an immediate family member for the purpose of making arrangements for and/or attending the funeral. Immediate family is defined as: spouse, children, stepchildren, parents, sisters, brothers, grandparents, and parents-in-law. Time off in excess of 3 days is available only upon the prior approval of management and will be without pay. If 53 | P a g e

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a Company-paid holiday occurs within the three-day period, you may request a third paid bereavement day if circumstances compel your absence. Notify your manager of the need for bereavement leave in advance of taking it. Upon returning to work, you must submit a signed Absence Report to your manager. The Company reserves the right to request a copy of the obituary notice or death certificate. JURY DUTY THERMA will grant all employees time off for mandatory jury duty or court appearances as a witness when you are required to serve or appear as the result of a court order or subpoena. Due to varying state laws regarding jury duty, state law will supersede THERMA’s Jury Duty Policy. Regular, Full-Time Employees, after completing the 90day Introductory Period, will be compensated for the time actually lost from regularly scheduled workdays, up to a maximum of 5 days in any rolling 12-month period, offset by any jury duty pay provided to the employee by the Court. In order to receive compensation for jury duty or court appearances as described, you must: 54 | P a g e

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1. Submit a copy of the jury notice, court order, or subpoena to your supervisor or manager as soon as notice is received. THERMA will comply with state law regarding the amount of notice an employee is required to submit when requesting paid time off for jury duty. 2. You are expected to return to work, when reasonable, during your regularly scheduled business hours or if released earlier than anticipated. Maintain contact with your manager and keep the Company advised of schedule and changes. 3. Obtain verification of time of release from the court and present it to your manager upon return to work. 4. Exempt employees who work any portion of a workweek in which they also serve on jury duty will receive their full salary for that workweek. Employees may elect to substitute accrued vacation during any unpaid leave due to jury duty. Upon your return to work, you must submit a signed Absence Report to your manager. If you receive any payment from the court, documentation should be attached to your absence report. Time off for court appearances as a party to any personal civil or criminal litigation will not be compensated by THERMA. You must arrange for authorized time off without pay or use accrued vacation leave in such instances. 55 | P a g e

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MILITARY LEAVE-OF-ABSENCE All employees will be given unpaid leave for military service (including reserve or National Guard service); in accordance with the time limits imposed by federal and state law. In addition, Regular Full-Time and Part-Time Employees who are members of the Armed Forces or National Guard will be granted up to two weeks of paid military leave per year, offset by any military base pay received. However, in order to be eligible for paid leave, employees must submit written verification from the appropriate military authority. The Company will reinstate those employees returning from military leave in accordance with applicable federal and state law. Anyone who expects to take a military leave should contact Human Resources for more details. PERSONAL LEAVE Regular, Full-Time Employees who have completed one year of continuous employment may request a personal leave-of-absence, and then only for urgent and compelling personal reasons. Personal leave requests are evaluated on a case-by-case basis and are granted at the discretion of management. Personal leave is not intended to be a routine extension of vacation.

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Personal leave is without pay and may be granted for up to 30 calendar days. All accrued vacation must be applied before beginning a personal leave. No vacation time or sick leave is accrued during the unpaid portion of a leave. Other benefits may be affected as well. Full details are available from Human Resources. Reinstatement cannot be guaranteed to employees returning from personal leave. However, the Company will attempt to place employees returning from personal leave in their former positions or positions comparable in status and pay, subject to budgetary restrictions, the Company’s need to fill vacancies, and the ability of the Company to find qualified temporary replacements. Shortly before your leave-of-absence begins, you are responsible for scheduling a pre-leave informational interview with Human Resources to discuss leave benefits and obligations. If you are on personal leave you can remain covered by the Company’s group health insurance, provided you make arrangements to pay the entire cost of such insurance for the period of the leave. Payment arrangements will be made in writing and signed by you, prior to commencing your leave, so that if you default on payments, such payments will be deducted from your paycheck upon return from the leave. If you fail to comply with the provisions of your leave agreement, accept other employment during the leave, or fail to return to work on the third scheduled day 57 | P a g e

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following the expiration of the leave, it will be assumed that you have voluntarily resigned and the employment relationship will be terminated. FAMILY LEAVE AND MEDICAL LEAVE Our Company complies with federal and state law provisions for family, medical and pregnancy disability leaves. The Company will grant these leaves to employees as required by state and federal law in effect at the time the leave is granted. We intend to grant leave benefits only to the extent the law requires. You must request any leave in writing as far in advance as possible Eligibility: Before you may seek a leave of absence you must:  have been employed by the Company for at least a total of 12 months; and  have worked at least 1,250 hours in the previous 12 months; and Guidelines: You may request an unpaid leave for any of the following reasons:  for your own serious medical condition which makes you unable to perform your job duties; or  to care for your child after birth, the placement of a child with an employee in connection with the adoption or foster care 58 | P a g e

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of the child by the employee, or the serious health condition of a child of the employee; or  to care for your spouse, registered domestic partner, or parent who has a serious medical condition; or  to care for an active duty member of the Armed Forces, including the National Guard or Reserves, or a qualifying veteran who is your spouse, registered domestic partner, son, daughter, parent, or next of kin and who is undergoing medical treatment, recuperation, or therapy, in outpatient status, or on the temporary disability retired list for a serious injury or illness, for a serious injury or illness incurred in the line of duty on active duty or for a qualifying preexisting injury or illness; or  for a qualifying exigency, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, short notice deployment limited to seven calendar days from notice, and attending post-deployment reintegration briefings, arising out of the fact that your spouse, registered domestic partner, son, daughter, or parent is on specified active duty (or has been notified of an impending call or order to specified

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active duty) in support of a contingency operation. Length of Leave Allowed: The maximum time you will be allowed to take family leave or a “qualifying exigency” leave, if you are eligible, is 12-workweeks in a 12-month period. This does not include leave time that may be allowed because of pregnancy disability. The Company may require or you may elect to use any accrued vacation or sick leave for any part of the 12week period. This paid time counts against your FMLA entitlement. You are required to follow the Company’s paid leave policies with respect to use of that leave. The maximum time you will be allowed to take family leave to care for an active duty member or qualifying veteran of the Armed Forces as described above, if you are eligible, is 26-workweeks in a 12-month period. The Company may require or you may elect to use any accrued vacation, family leave, or sick leave for any part of the 26-week period. The Company will use a “rolling” 12-month period measured backward from the date you begin a leave to determine how much leave time is available to you, unless another calculation is required by law. Additional Medical Leave beyond the 12-week period may be available, depending on individual circumstances, as a reasonable accommodation under the American’s with Disabilities Act (ADA) or to comply with specific state law requirements. Additional Family Leave is not available. 60 | P a g e

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Serious Medical Condition: A serious medical condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents you from performing the functions of your job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy of either yourself or your spouse, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave: You do not need to use this leave entitlement in one (1) block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. You must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Advance Notices and Medical Certification: You may be required to provide to us advance leave notice and medical certification. Your leave request may be denied or your leave delayed if these requirements are not met. 61 | P a g e

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 You must provide us 30 days’ notice of your need for leave if such need is foreseeable. If your need for leave is not foreseeable, you must notify us as soon as possible and comply with the Company’s normal call-in procedures. This means that you must call your supervisor at least one (1) hour before the time you are scheduled to begin working for that date. Absent extenuating circumstances, you must call in on any day you are scheduled to work and will not report to work.  You must provide sufficient information for us to determine if the leave may qualify for FMLA protection. Sufficient information may include that you are unable to perform job functions; your family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. You also must inform us if the requested leave is for a reason for which FMLA leave was previously taken or certified.  We require medical certification if you request leave because of your own or a family member’s serious medical condition. We may also require a second or third medical opinion regarding your own serious 62 | P a g e

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health condition at our expense. You are required to cooperate with us in obtaining any additional medical opinions we may require.  We will inform you if your leave will be designated as FMLA-protected and, if so, the amount of leave counted against your leave entitlement, your rights and responsibilities, and any other additional information required. If your leave is not FMLA-protected, we will provide you with a reason for your ineligibility. Job Benefits and Protection: We will continue our contributions for your health care coverage for the duration of your leave. You must continue to make any premium payments for health care coverage for yourself or your dependents that are now required, if you want the coverage to continue during your leave. Employees will normally be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms when they return from leave. Your use of leave will not result in the loss of certain benefits accrued prior to the start of your leave. However, you may be required or permitted to use your accrued vacation or sick leave. Key employees may be subject to reinstatement limitations in some circumstances. If you are a key employee, you will be notified of such limitations on reinstatement at the time you request a leave. 63 | P a g e

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It is unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided under FMLA, or for an employer to discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. Premium Cost Repayment: If you choose not to return to work from a leave allowed by this policy, you will be required to repay to us the premium amounts we paid during your leave, unless you do not return to work because of circumstances beyond your control.

PREGNANCY DISABILITY LEAVE In addition to family and medical leaves, pregnant employees are entitled to take leave if they are disabled by the pregnancy, childbirth or a related medical condition. You do not need to use pregnancy disability leave in one continuous block. Employees are eligible for up to four months of leave per pregnancy, to be taken as medically necessary.

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During the duration of your pregnancy-related leave to a maximum of four (4) months we will continue our contributions for your health care coverage at the same level and conditions in effect prior to your leave of absence. You must, however, continue to make any premium payments for yourself or your dependents that are now required, if you want the health insurance coverage to continue during your leave. The Company will be entitled to recover from you insurance premiums paid to continue your coverage during your maternity leave if you fail to return to work after the leave of absence, provided that your failure to return is not due to leave taken under the FMLA or for other circumstances beyond your control. PROBATIONARY PERIOD Human Resources will arrange for an orientation for all new employees during the first week of their employment with the Company. This orientation will cover THERMA’s employee benefits and information about Company practices and procedures. The Employee Handbook is given to each new employee, and every new employee is required to read it and sign an acknowledgment to that effect. With receipt of the Handbook it is your responsibility to become familiar with the basic contents of this Handbook and to ask questions if procedures are not clearly understood.

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THERMA recruits carefully and strives to hire qualified employees. It is, however, beneficial to both the Company and the employee to have an initial period of employment in which the employee has an opportunity to appraise the Company and adjust to a new work environment, and the Company has time to appraise the new employee and his/her job performance. Therefore, all new employees will be on a 90-day probationary status (the “Probationary Period”), at the end of which, your performance will be reviewed. In most cases, unsatisfactory performance will result in termination. Successful completion of the Probationary Period does not guarantee employment for any specific duration or change the “at will” status of regular employment. As a result, at any time, during or after the Probationary Period, either you or the Company may terminate the employment relationship at any time, for any reason, with or without cause or prior notice. This “at will” employment relationship may only be modified in a written document signed by the CEO or CFO and the affected employee. PERFORMANCE EVALUATIONS Performance evaluations may be conducted periodically. Normally, the first evaluation may be conducted at or near the end of the first 90 days of employment. The purpose of evaluations is to let employees know how well they are performing and whether they have any 66 | P a g e

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performance problems. Performance evaluations can be verbal or written, formal or informal. The frequency of performance evaluations may vary depending upon the length of service, position, past performance, changes in job duties, or recurring performance problems. PAY PROCEDURE THERMA’s workweek is Tuesday through Monday. The workweek begins at 12:01 a.m. on Tuesday and ends at 12:00 midnight the following Monday. Paychecks are cut on a weekly basis and are distributed every Thursday. Timecards are due in to your supervisor every Tuesday morning and paychecks are for hours worked from the prior workweek. Payday notices shall be posted in all THERMA facilities. RECORDING WORK HOURS If you are a Non-Exempt Employee you are required to record your time when arriving to work and when leaving work including any time during the day that you leave the premises. The only exception to this is if you leave the premises on authorized Company business. All hours worked by Non-Exempt Employees must be recorded. Your manager must approve overtime in advance of it being worked. Overtime not approved by your manager will be paid, in compliance with Federal, State and Local laws, however if you work overtime 67 | P a g e

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without prior approval you are subject to Company disciplinary action, up to and including, termination. For non-exempt employees, if you come in to work late you will be paid for time worked in accordance with this standard and must obtain prior approval from your manager to work beyond your regular quitting time, even if overtime is not involved. Exempt employees are also required to complete timecards to reflect days worked and days taken as sick time or vacation time. Signed Absence Reports must also be submitted to Human Resources for sick and vacation hours taken. Employees must sign their time cards and obtain an authorized management signature prior to sending the time cards to the Payroll Department for processing. It is the employee’s responsibility to verify, on a per payroll period basis, via his/her pay stub, that he/she has been paid correctly for hours worked. Discrepancies should be brought to the attention of his/her supervisor immediately. Falsification of a time record is a breach of Company standard and shall be grounds for corrective action, up to and including, termination of employment. No one but the employee may record hours worked on a timecard and tampering with anyone’s timecard is cause for disciplinary action, including possible termination. 68 | P a g e

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All required deductions (federal and state taxes, F.I.C.A., etc.) and all employee authorized voluntary deductions (health insurance contributions, 401[k] contributions, etc.) are withheld automatically from employees’ paychecks. In the event that THERMA receives a court ordered wage assignment or garnishment, the Company will abide by state and federal laws governing court ordered wage assignments or garnishments including but not limited to executing the court ordered wage assignment or garnishment and complying with Title III of the Consumer Credit Protection Act. WORK HOURS For non-exempt employees, work hours including breaks and lunch periods may vary between departments, depending on the needs established within each department. Such hours are set in compliance with Federal, State and Local law. If you work in a department where meal breaks and rest breaks are not directly assigned, please coordinate with your co-workers to maintain adequate coverage at all times. All nonexempt employees are required to not skip meal or rest breaks and should always be sure to return to work on time at the end of any break. Starting times for many positions may vary to meet Company needs. In addition, your daily and weekly work schedules may be changed from time to time at the discretion of the Company. If you are a non-exempt employee, you may be required to work overtime. 69 | P a g e

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Changes in work schedules will be announced as far in advance as practicable. OVERTIME Non-Exempt Employees will be paid for hours worked in accordance with all legal requirements. Supervisory personnel must approve all overtime in advance. Overtime worked but not approved by supervisory personnel will be paid, in compliance with Federal, State and Local law, however the employee who works overtime without prior approval is subject to company corrective action, up to and including, termination. Hours paid for holidays, vacations, jury duty, bereavement, and floating holiday are included in calculating overtime. Paid sick leave hours will not count toward overtime calculations. CALL BACK PAY THERMA has established a pay practice for situations in which an employee is required to report back to work on an emergency basis. Federal, State and Local law supersedes the Company standard. A Full-Time Non-Exempt Employee who is called to work during hours other than his/her normal shift will be 70 | P a g e

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paid at least 2 hours of work at the applicable straight time or overtime rate. REPORT TO WORK PAY Non-Exempt Employees who report to work, but are not put to work or who are furnished less than half their regularly scheduled day’s work will be paid for half the regularly scheduled days’ work. In no event will payment be for less than two (2) hours or more than four (4) hours if less than the actual hours worked. Payment will be calculated at the employee’s regular rate of pay. If Federal, State or Local law provides greater benefits, it will supersede this THERMA standard. EMERGENCY FACILITY CLOSING To prepare for emergency facility closing or delayed opening due to severe weather conditions or other emergencies the Company has established guidelines to follow. Federal, State and Local law supersedes THERMA Standard. In the absence of any formal announcement over the local radio stations, THERMA will open for business as usual and all employees are expected to report to work. If you are at work you are expected to continue working unless an announcement is made closing the facility. 71 | P a g e

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Some “essential personnel” may be expected to work during an official Company closing. Supervisory personnel will inform those employees that are required to remain on the job or report to work as usual despite a closing announcement. When it is necessary to close, Regular, Full-Time NonExempt Employees will be paid their base rate of pay only for the hours worked prior to the “official” closing time. When it is necessary to close prior to the start of the shift, Regular, Full-Time Non-Exempt Employees will not be paid for that shift. In the event of such an occurrence, the employee may request to use his/her accrued vacation time. Other emergencies include the Company’s inability to occupy the building due to uncontrollable circumstances such as earthquake, fire, flood, power loss, or other building/natural conditions, which prevent occupancy and/or prevent employees from reaching the facility. TERMINATION: VOLUNTARY AND INVOLUNTARY Since employment at THERMA is “at-will” – either you or the Company may terminate the employment relationship at any time, with or without cause. Termination may be voluntary or involuntary. Voluntary Termination occurs when the employee decides to end the employee-employer relationship. 72 | P a g e

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Involuntary Termination occurs when the Company decides to end the employee-employer relationship. When possible, on the employee’s last day of work, Human Resources will meet with the terminating employee and conduct an exit interview. In the exit interview, the employee will be informed about COBRA, insurance conversion, etc., and be informed when to expect his/her final paycheck. The final paycheck will include payment for all hours worked up to the time of termination, plus any accrued but unpaid vacation leave, minus any legally required deductions and authorized payroll deductions. The final paycheck will be given to the employee within the time frame mandated by state law. In cases where the employee is remotely located, Human Resources and the employee’s manager will contact her/him. All Company-owned property in the possession of the employee must be returned to Human Resources before or at the time of termination. If Company property is not returned in a timely manner, the employee will be required to reimburse the Company for the replacement cost of such items. Where appropriate and not prohibited by state law, an employee’s final paycheck may be reduced by the cost of damage to Company property caused by the employee’s gross negligence, willful misconduct or dishonesty. 73 | P a g e

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HEALTH AND SAFETY PROGRAM It is the goal of THERMA to provide a safe and healthful environment for its employees, visitors and the community. Management will make every attempt to reduce the possibility of accidents and illnesses through a prevention program with the aim to conserve life, property and the environment. This program takes into consideration applicable federal, state, county and city safety, health and environmental regulations. To accomplish this goal, it is necessary for everyone to actively participate in the THERMA Corporation Safety Program. THERMA is committed to providing the resources necessary to carry out this standard, including personnel, training and equipment. Refer to the Company’s Corporate Health and Safety Policy available from your supervisor. Retaliation against employees for reporting a hazard, potential hazard, or making a safety suggestion will not be tolerated. Failure to comply with Company health and safety regulations is a violation of a Company standard. WORKERS COMPENSATION THERMA provides Workers’ Compensation Insurance coverage as required by law to protect employees who experience job-related illnesses or injuries. All employees 74 | P a g e

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should be aware of the procedures the Company has established for this purpose. It is your responsibility, as an employee of THERMA, to adhere to the standards outlined in the Injury and Illness Prevention Program. The following is a brief list of employee responsibilities when reporting a work injury or illness:  Report to your manager any injury sustained while at work, as soon as possible after the injury occurs  If your manager is not available, you should then inform any member of management or Human Resources  Failure to report such an injury may result in a delay in the determination of coverage and a documented warning from the manager  Comply with medical treatment and work restrictions  Provide up to date work statuses from treating doctor after each medical visit If any employee suffers an injury or causes a co-worker to suffer an injury purposely due to his or her own gross negligence, the employee may be disciplined according to Company standard, up to and including, immediate termination. THERMA, its insurance carrier or third party administrator will not be liable for the payment of workers’ compensation benefits for any injury which 75 | P a g e

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arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity. For further information regarding THERMA’s standards for Workers’ Compensation Insurance coverage please refer to THERMA’s Injury and Illness Prevention Program. SECURITY The security of employees, buildings (including parking lots) and equipment is a priority at THERMA. All employees should be aware of the evacuation procedures in case an emergency situation occurs. Keys for use on doors, desks, file cabinets, vehicles, and other Company equipment will be issued to those employees whose duties require them at their manager’s request. Employees are required to return issued keys when the nature of their job changes or when their employment is terminated. The unauthorized duplication of keys is a serious breach of Company security and is considered a violation of Company standard. The loss of any key should be reported immediately to the department manager. Keys should never be loaned to any other person at any time. Violation of this Standard may result in corrective action, up to and including, termination.

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RELEASING CONFIDENTIAL INFORMATION Personal information concerning employees is kept at the strictest level of confidence. Personal information includes but is not limited to social security number, home telephone number, home address, driver’s license number, etc. THERMA complies with all federal and state laws regarding maintaining employee confidential information. Due to the nature of our business, it is sometimes necessary for employees to be contacted at their homes outside of regular working hours. When available, Human Resources will release an employee’s home phone number to the employee’s manager, supervisor or department head on an as needed basis for business purposes or in the event of an emergency. Please be aware that employee confidential information will not be released to individuals outside of the company without express written consent of the employee, by court order or when compelled by an authorized state or federal agency. Please remember that in order to ensure that personnel records are up to date and that payroll and year-end tax documents are processed correctly, employees are required to notify Human Resources of any address or contact information change. In addition, employees are responsible for updating emergency contact information with Human Resources. 77 | P a g e

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NO SMOKING POLICY Smoking is not permitted anywhere in the workplace. Smoking is also not permitted in company vehicles, trailers or in company property of any kind. In addition, while working on job sites, employees must abide by any additional restrictions that the customer may have in regard to smoking. Failure to adhere to the no smoking policy may result in disciplinary action up to and including termination. COMPANY VEHICLE POLICY Vehicles will be assigned to employees when it is in the best interest of the Company. Failure to comply with the Company Vehicle Policy when driving a company vehicle may result in having your company vehicle privileges taken away and/or further disciplinary action, up to and including termination.  All employees who drive company vehicles must have a valid driver’s license. Any employee who drives a company vehicle must let their supervisor or Human Resources know immediately if their driver’s license has been suspended or revoked, if they receive three (3) or more driving violations within a three-year 78 | P a g e

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period or if they receive a drug or alcohol related automobile conviction. An employee who is given a company vehicle is responsible for the appearance (clean and presentable) and the servicing of the vehicle. Vehicles are on a maintenance schedule with THERMA’s Auto Shop. When a service date has been set with the Auto Shop, it is the employee’s responsibility to meet the scheduled date. If an employee is unable to accommodate the scheduled service date, it is the employee’s responsibility to contact the Auto Shop and reschedule the service appointment. Only company vehicles are to be serviced by the Auto Shop. Employee personal vehicles will not be serviced. The use of a company vehicle is not a right of employment and the company vehicle may be taken away at any time with or without notice and with or without reason. Company vehicles are only to be used for company business. Company vehicles must be driven safely, and all laws must be adhered to. Any tickets, traffic violations, damage, etc. that an employee receives or causes while utilizing the vehicle carelessly or negligently will be the employee’s responsibility. All incidents (accidents, problems, service and repairs, etc.) involving company vehicles must 79 | P a g e

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be reported to the employee’s supervisor and Auto Shop Supervisor immediately. Employees are restricted from loaning company vehicles to other employees unless it has been approved by the employee’s Foreman or the Company’s CEO or CFO. Non THERMA employees are not authorized to drive company vehicles and no unauthorized passengers are allowed to ride in company vehicles. If it is determined by THERMA that an employee is not in a condition to drive a company vehicle, the vehicle will be taken away. Anyone found to be operating a company vehicle under the influence of drugs, alcohol or prescription drugs which may adversely affect the employee’s driving abilities will be subject to corrective action, up to and including termination. THERMA pays gas costs for work related activities. When using self-service pumps, employees must always use non-premium gas. If, in the opinion of THERMA, an employee has abused their gas or vehicle privileges, these privileges will be taken away and the employee may be responsible for reimbursing the Company for any costs incurred. Any use of a company vehicle outside of this policy must be authorized in advance by the CEO or CFO.

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 Any violations of the Company Vehicle Policy will be grounds for disciplinary action up to and including termination. Employees must understand that the use of a cell phone or texting device while operating a vehicle or any potentially dangerous equipment may impair the employee’s ability to devote his or her full attention to the duty of operating the vehicle or equipment safely. It can present a distraction and prevent the employee from focusing attention on other vehicles, road conditions, safety concerns, and pedestrians. Employees who are driving for Company purposes are expected to operate motor vehicles safely in accordance with all applicable laws. Among other things, these laws prohibit operation of motor vehicles in excess of applicable speed limits, while under the influence of alcohol, controlled substances, or medications that impair driving abilities, or in any other unsafe manner. Employees should also use safety belts and adhere to all posted speed limits and signs when driving for Company purposes. New laws also recognize that the use of cellular phones and text messaging devices can create distractions. As a result, the company discourages the use of cellular phones and text messaging devices while driving for Company purposes. If an employee operates a motor vehicle while using a wireless phone, the wireless telephone must be used in a matter that allows hands-free listening and talking operations. It may not be used under any circumstances that would distract an employee from the duty to drive in a safe and non81 | P a g e

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negligent manner. Sending, receiving, preparing or reading a text message is strictly prohibited. In emergency situations, when you are required to make or take a call while driving for Company purposes, you are required to follow all applicable laws and proceed in the safest manner possible, which may require you to safely stop the vehicle during the call. Additionally, employees driving for Company purposes are prohibited from sending or receiving text messages or other electronic communications while driving. Passengers in a vehicle that is being driven for Company purposes may use cell phones so long as there is no distraction to the driver. When calling another employee on his/her cell phone, establish that the employee is appropriately situated for communicating via cell phone and in compliance with this policy prior to commencing the conversation. Violation of this policy may lead to disciplinary actions, up to and including employment termination.

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THERMA EMPLOYEE ACKNOWLEDGEMENT I have received my copy of the THERMA Employee Handbook. I agree to familiarize myself with and comply with the standards in this handbook. I acknowledge that this handbook is not intended to create any contract or binding agreement between THERMA and me, and that no provision or portion of this handbook constitutes an implied or express contract, guarantee, or assurance of employment or right to an employment-related benefit or procedure. I understand that THERMA employs me on an “at will” basis and that either THERMA or I may terminate my employment relationship at any time, with or without cause, and with or without advance notice. No one other than THERMA’s CEO or CFO has the authority to limit the Company’s right to modify these terms and conditions of employment and the CEO and CFO may agree to do so only in a writing signed by both the CEO or CFO and me. I also understand that the Employee Handbook, while summarizing THERMA’s employment practices, does not bind the Company to any particular decision or course of action (except its policy of employment “at will”) and that THERMA reserves the right to adopt the course of action it deems most appropriate in each situation.

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