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/ Thin Tolling Agreement (the 'Agreement') is made between Robert D. Craton, Jr. for Jeffrey Epstein (hereinatt on the one hand. C. lraefeber Es. for (herein 2009 Resit:4 A. Ono or more parties to the Agreement believe that they may have claims against one or more other pathos to the Agreement. No party admits or concedes the Science or validity of any ouch chme. No party admits tiabiRy to any other party by entering into the Agreement The Agreement neither creates nor waives rights or remedies for or against any party to the Agreement. B. The Agreement Is Intended for the sole benefit of the patties and entitles that the Agreement expressly Identities and no others. No person or entity that is not a party to the Agreement shall have the right, Mending, authority of the parties to the Agreement to Invoke Its terms, benefits obllgatione without the express written consent of ell parties to agreement. or pa of the Agreement Is Aug TIME 1. Because the parties to the Agreement agree not to Witirtlen0e tea of equitable proceedings against one another, all Ume limits for comm such proceedings shall be tolled untS October 15, 2009, at which time Agreement shall automaticallyterminate. 2. The Agreement shell not revive any claim that is already time-barrail pn August 0, 2039, the effective dies of the Agreement 3. The Agreement shall be deemed to have been drafted by all parties, ft,O shall not be construed against 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 hawyto terminate, by a wilting signed by all parties to the ADADOIT10I1, With establishes a date certain to which the Agreement shall LRr extendeqr 5. In any action to enforce the Agreement, the preVelling party stfilirbe entitled to recover reasonable attorney's tees and tests. • . • Page 1 a s • • . 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 J. MICHAEL BURMAN. ORBOOKY W. oa.emmt. ROBERT D. CRITTON, JR.. PA.' BERNARD LESP.DPX= MARK T. LATIMER. TA. JEFFREY C. PE=4 MICHAEL!. PIKS NUTTIER McNAMAR A RUDA MAMA Raab meant. CCOM.TFIALIAWYEa BURMAN, CRITTON, LUTTIER & COLEMAN LLP A LRAM LIABILITY TaTtetnet Sent by E-mail Only - Robert Josefsberg, Esq. Kathy Ezell, Esq. Re: Epstein Matter August 18, 2009 ADER.QUI I. IIEWAYENTE TAIMURIAL I RWRIMMTOR EARWAX maENNA AMIE STOICEN4Mftwo BETTYSTC4033 FADALLOAM RITA H. BUCt4YK OF =Mtn. 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. Ro Da(ba4 5 \CP\ 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