EFTA01084728.pdf

ADDENDUM TO TOLLINO_AMEMENT The parties wish to extend the August 12, 2009 Tolling Agreement (Exhialt "A"), which includes the modification by letter dated August 18, 2009 (Exhibit "B') (together, the "Agreement."). This Agreement, set to terminate on October 15, 2009, is hereby modified as follows: Pursuant to paragraph 4 of the Agreement under Terms theAgreement Is extended until November 15, 2009, at which time the Agreement shall automatically terminate. Dated: /0 • 7- O Robert C " ton, Jr. for J rey Epstein Dated: - 6 " LS 5 EFTA01084728  TOLUNQAGREEMENT between Robert D. Thin Tolling Agreement (the AAgrooment, Is made las' , on the one hand, Craton, Jr. for Jeffrey Epstein (hereinafter ' a d Robert C. Josefsberg, Esq. for (hereinatio 'party or parties)). he o Ve•re 2009 may have claims A. Ono or more parties to the Agreement baKeve that theyNo party admits or against one or mere other parties to the Agreem ent . No party adults concedes the Science or validity of any ouch claims The Agreement the Agreem ent Raba& to any other party by entering into against any party to neither creates nor waives rights or remedies for or the Agreement. patties and entitles B. The Agreement Is intended for the sole benefit of the Identifi es and no Ohara No person or entity that the Agreement expressly standing, that is not a party to the Agreement shall have the right, benefits authority of the parties to the Agreem ent to Invoke its terms, all parties to obligations without the express written consent of agreement. Terms 1. Because the parties to the Agreement agree not to commence loggI gr nqimg dings agains t one anothe r, a4 Ume limes for commd equitable procee time such proceedings shall be tolled untS October 15, 2009, at which Agreement shall autom atically termin ate. pn 2. The Agreement shall not revive any claim that is already time-barrail August 0, 2039, the ettecere date of the Agreem ent • , ggd 3. The Agreement shall be deemed to have been drafted by all parties shall not be constru ed again at any party on the theory that fewer thap parties drafted the Agreement. 4. The Agreement may be extended only on or before the day It iR awyto writing signed by all parties to the ADMOIT 1011, idjich terminate, by a establishes a date certain to which the Agreement shall LRr exten dectr be 5. In any action to enforce the Agreement, the preVadling party akar r entitled to recove reason able attorne y's fees end Conte. • '17 • s a Page 1 • • . • • . • • EFTA01084729 6. The attorneys for the parties to the Agreement are authorized to act for the persons and entitles that party represents. Execution of the Agreement binds those represented person and entitles to the terms of tho Agreement. 7, The Agreement is confidential and shall not be dfsdiased to any person or entity by any parties to the Agreement, or their =met, except as necessary to establish whether a cinkn or defense falls yhthin the Agreement 8. The Agreement may be &vied in counterparts, 'which, when taken together, shall C011eällii8 a fob,- executed Agreement , 9. The Agreement is the entire agreement among the patties. in execolle,g the Agreement, no patty Is relying or acting on any promise, Inducement, or agreement not expressed In the Agreement Dated: • k2--97 Dated: if / 9 Pape 2 EFTA01084730  BURMAN, CRrrroN, LUTTIER & COLEMAN LLP A LIMITED LIABILITY PARTNERSHIP AMMO; LISTAVENTE I. ISMAEL HUILMAN.PA. onoort TV. COLEMAN.PA ROBERT D.CIANTOK Rt.,PA: BARE/SAX MKKENNA BERNARD ME:Dan ASNLIESTOKENDAMNo MARKT. =TEL PA BETTY STOKES SEPPREY C.PERT MAMMALS MICHAELT. PIKE HEAVER moNAMARA RUDA August 18, 2009 MA IL BUDNYE I Prawn s0AK0 azasso OPCOMM OVILIVAL'AVM Sent in E•mafl Only Robert Josefsberg, Esq. Kathy Ezell, Esq. Podhurst 0rseck RA Re: Epstein Matter Dear Bob and Kathy: The Tolling Agreement which 1 sent to you on August 12, 2009 should not have Included the name , Jane Doe 101. Jane Doe 101 has already flied therefore there is no necessity for a Tolling Agreement. As you know was omitted specifically for the same reason. Please confirm that neither Jane Doe 101 nor 102 are part of this Tolling Agreement. RDC/ctz We concur that neither Jane Doe 101 nor Jane Doe 102 soaped of the August 2009 Totting Agreement Re L'A•W•If•B•R•S man@kis tato° ra EFTA01084731