release of information may assist USX to make a determination regarding my suitability as a driver or contractor. If you desire to receive a copy of your investigative consumer/background reports that were provided to USX you may do so by making such a request Summary Disposition. At any time before the Arbitration Hearing and upon written request of any Party, the Arbitrator will notify and hold conferences for discussing issues relating to the summary disposition of a Legal Dispute and will set a briefing schedule with regard to any motions for summary disposition. The Arbitrator will have the authority to issue summary disposition consistent with the procedures and standards applicable under Rules 12 and 56 of the Federal Rules of Civil Procedure. 8. Administration of the Arbitration Hearing. The Arbitrator and Parties will attend the Arbitration Hearing in person. The Arbitrator may require witnesses to testify under oath and, if required by law or requested by a Party, will do so. The Party requesting any stenographic, audio, or video record of any conference will bear the cost of producing the same provided, that if the Arbitrator orders all or part of the record, Company will bear the cost. Copies of the record will be furnished to all other Parties upon request and payment of the cost of reproduction. In considering a dispositive motion and in conducting an Arbitration Hearing, the Arbitrator will apply the Federal Rules of Evidence. All documentary evidence to be considered by the Arbitrator will be filed at or before the Arbitration Hearing unless the Arbitrator finds good cause to permit a post-hearing submission. All Parties will be afforded an opportunity to examine and comment on any post-hearing evidence 9. Post-Hearing Submissions and Decision. The Arbitrator will permit the filing of post-hearing briefs at the request of a Party and will determine the procedure and timing of such filings. Unless otherwise agreed by the Parties or specified by applicable law, the Arbitrator will make a decision no later than 45 days after the date of the closing of the Arbitration (as reopened, if applicable) or, if applicable, after the submission of post-hearing briefs. The Arbitrator's decision will be in writing and signed by him or her. The Arbitrator will write a statement of reasons for the decision which includes an analysis of applicable law. The decision will be executed in any manner required by applicable law. 15. Modification and Termination. This Program may be modified/terminated by Company by giving 30 days' written notice to Participants it then employs. No such modification/ termination will apply to (i) any Participant not or no longer employed as of the date of notice or (ii) any Legal Dispute with respect to which Arbitration is ongoing as of the date of notice. 16. Consideration. The consideration provided to a Participant by Company for the Program (and any modification) includes, but is not necessarily limited to: (a) consideration of the Participant's application for employment or to enter into an independent contractor relationship (b) the Participant's employment or continued employment, understanding that nothing in this document is intended to alter any "at will" employment relationship (c) the agreement of Company to be bound by the Program (d) the agreement of Company to give notice of any modifications or termination of the Program (e) the agreement of Company to pay the Expenses of Arbitration (f) the minimum recovery set forth in Paragraph 9 and (g) the agreement of Company to waive any right to recover its attorney fees when it is a prevailing Party. 17. Severability. Each provision of this Program is severable, and the invalidity or unenforceability of any provision will not affect that of any other. However, if a court of competent jurisdiction determines that the Class Action waiver is unenforceable with respect to a Legal Dispute, then the Parties' agreement to submit that Legal Dispute to Arbitration will be deemed terminated (subject to any appeal of the court's determination). No Arbitrator will have the authority to determine that this Program's Class Action waiver is unenforceable. 18. No Waiver. The failure of a Party to object to any non-compliance with these Rules will not be deemed a waiver of the right of the Party to insist on full compliance with these Rules. Printed Name: Jose C PEREZ, III Signed Date: 03-01-2018 Social Security #: ###-## - Signed: ARBITRATION PROGRAM AGREEMENT I have applied to be considered for employment with U.S. XPRESS, INC. ("U.S. XPRESS"). I understand that consideration of my application, as well as any offer of employment, by U.S. XPRESS is contingent on my agreement to be bound by the terms and conditions of U.S. XPRESS's alternative dispute program known as Xpress Resolution Program and Rules for Arbitration (the "Program"). I acknowledge that US XPRESS has provided me a copy of the Program and that I have reviewed it. In exchange for the legal consideration referenced in the Program, including US XPRESS's agreement to consider my application and/or to employ me, I consent to, and agree to be bound by, the terms of the Program. In particular, and without limitation, I confirm my understanding and agreement that work disputes in which I am involved that fall within the Program's definition of "Legal Dispute" will be resolved exclusively through final and binding arbitration rather than before a judge or jury in court or before an administrative adjudicative body. Within thirty (30) days after becoming subject to the Program, I may inform the Program Director in writing that I am electing to "Opt Out" of that portion of the Program that would prohibit my pursuing a Class Action in a court of law. By not exercising the "Opt Out" right, I would voluntarily agree not to pursue a Class Action in arbitration or in a court of law. Printed Name: Jose C PEREZ, III Signed Date: 03-01-2018 Social Security #: ###-## - Signed: U.S. Xpress, Inc.Xpress Resolution Program and Rules for Arbitration 14