EFTA00609417.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 EFTA00609417  TOLLINQAGREEMEN/ between Robert D. Thin Tolling Agreement (the 'Agreement') is made on the one hand. Craton, Jr. for Jeffrey Epstein (hereinatt C. lraefeber Es. for (herein or pa of the Agreement Is Aug 2009 Resit:4 may have claims A. Ono or more parties to the Agreement believe that they party admits or the Agreem ent. No against one or more other pathos to No party admits concedes the Science or validity of any ouch chme. The Agreement tiabiRy to any other party by entering into the Agreem ent 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 Identiti es and no others. No person or entity that the Agreement expressly Mending, 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, ell parties to obllgatione without the express written consent of agreement. TIME 1. Because the parties to the Agreement agree not to Witirtlen0e tea of comm equitable proceedings against one another, all Ume limits for time such proceedings shall be tolled untS Octobe r 15, 2009, at which Agreement shall autom atically termin ate. pn 2. The Agreement shell not revive any claim that is already time-barrail August 0, 2039, the effective dies of the Agreem ent , ft,O 3. The Agreement shall be deemed to have been drafted by all parties shall not be constru ed agains t any party on the theory that fewer thap parties drafted the Agreement. 4. The Agreement may be extended only on or before the day T10I1, it hawyto wilting signed by all parties to the ADADOI With terminate, by a establishes a date certain to which the Agreement shall LRr exten deqr e 5. In any action to enforce the Agreement, the preVelling party stfilirb r entitled to recove reason able attorne y's tees and tests. • . • s a Page 1 • • . P • EFTA00609418 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 EFTA00609419  BURMAN, CRITTON, LUTTIER & COLEMAN LLP J. MICHAEL BURMAN. A LRAM LIABILITY TaTtetnet ADER.QUI I. IIEWAYENTE TAIMURIAL I RWRIMMTOR ORBOOKY W. oa.emmt. ROBERT D. CRITTON, JR.. PA.' EARWAX maENNA BERNARD LESP.DPX= AMIE STOICEN4Mftwo MARK T. LATIMER. TA. BETTYSTC4033 JEFFREY C. PE=4 FADALLOAM MICHAEL!. PIKS NUTTIER McNAMAR A RUDA MAMA Raab meant. August 18, 2009 RITA H. BUCt4YK OF =Mtn. CCOM.TFIALIAWYEa Sent by E-mail Only - Robert Josefsberg, Esq. Kathy Ezell, Esq. Re: Epstein Matter Dear Bob and Kathy: Tho TotMg ent to you on August 12.2009 should not have included the nam Jane Doe 101. Jane Doe 101 has already filed horeforo there s no necessity for a Tolling Agreement As you know vas omitted specific,* for the same reason. Ploaso confirm that neither Jane Doe 101 nor 102 are part of this Tolling Agreement. RDC/clz We concur that neither Jane Doe 101 nor Jane Doe 102 are a pert of the August, 2009 'rolling Agreement. Da(ba4 5 \ CP\ Ro l'A•liftY•B•R•S 515 N. FLAGI.J3R DRIVE / suns 400 / WEST PALM BEAM,FLORIDA sum THLEMONE (561)842-2820 FAX (561)844-6929 atailebaalsw.coai EFTA00609420