EFTA00609480.pdf

KFIS 10-31)-044 WITH RDC CHANGES 11-03-09 SETTLEMENT AGREEMENT AND GENERAL RELEASE individually, and Jeffrey Epstein, individually (jointly referred to as 'Parties"), enter Into this Settlement Agreement and General Release ("Settlement Agreement") in order to resolve the pending litigation between them as follows: 1. Dismissal. The Parties agree to immediately dismiss the pending lawsuit presently styled Jane Doe No. 102 vs. Jeffrey Epstein, Case No. 09-80656-CIV- Marra/Johnson (Southern District of Florida), with prejudice upon payment and clearance of the settlement amount; however, the Court will be asked to retain jurisdiction to enforce the terms of this Settlement Agreement. 2. General Release. and her agent(s), attomey(s), predecessor(s), successor(s), heir(s), administrator(s), and/or assIgn(s) (hereinafter, 'First Parties"), for and in consideration of the sum of Five Hundred Thousand Dollars ($500,000.00) and other valuable considerations, received from or on behalf of Jeffrey Epstein and his agent(s), attomey(s), predecessor(s), successor(s), heir(s), administrator(s), assign(s) and/or employee(s) (hereinafter, 'Second Parties"), the receipt whereof is hereby acknowledged, HEREBY remise, release, acquit, satisfy, and forever discharge the said Second Parties and any other person pr entity rOther Potential Defendants, who could have been included as a potential defendant in claim against Jeffrey Epstein of and from all, and all manner of, action and actions of M, including State or Federal, cause and causes of action (common law or statutory), suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, EFTA00609480 agreements, promises, variances, trespasses, damages, Judgments, executions, claims, and demands whatsoever in law or in equity for compensatory or punitive damages that said First Parties ever had or now have, or that any personal representative, successor. heir, or assign of said First Parties hereafter can, shall, or may have, against Jeffrey Epstein or Other Potential Defendants for upon, or by reason of any matter, cause, or thing whatsoever (whether known or unknown), from the beginning of the world to the day of this release. The issue of amount of attorneys' fees and costs is specifically addressed in Paragraph 8, Attorneys' Fees and Costs. It Is further agreed that this Settlement Agreement represents a final resolution of a disputed claim and is intended to avoid litigation. This Settlement Agreement shall not be construed to be an admission of liability or fault by any party. Additionally, as a material consideration in settling, First Parties and Second Parties agree that the terms of this Settlement Agreement are not intended to be used by any other person nor be admissible in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal. First and Second Parties further stipulate and agree that this Settlement Agreement; whisp Is pursuant, exclusively, to 18 U.S.C. § 2255, and is in fulfillment of Jeffrey Epstein's obligations to exclusive of attorneys' fees and costs, pursuant to andja conformity with the Non-Prosecution Agreement, its Addendum, and its Affirmation (collectively, the "NPA"), between Jeffrey Epstein and the United States Attorney for the Southem District of Florida. First and Second Parties further stipulate and agree that this Settlement Agreement should not in any way be construed as an admission by Jeffrey Epstein that he violated any federal statute that constitutes a predicate for a damage claim under 18 U.S.C. § 2255, or 2 EFTA00609481 an admission that he violated any other federal or state statute,rer-that-Seeencl-PaFtles wai aiy4eal-tght to fully dofend other cacao where damages exceeding tho statutory minimum-for-184:14,64-2265-claims-are-seuglit-anallerre-a-plaintiff-waivestier.-right-te bring-eult-uncter-eny-federelretete-ereernmen-law-theery-eilier4hae-trita-er where-a-elekeent-wes-ne4-en-lbe-trist"--referensed-in-the-NPA-previded-te-de*frer Epeteia aftec-kris-ptea, 3. Payment. Payment of the settlement funds has been made to attorneys' trust account, but may not be released until t.blagrstementheebeert executed and the case is dismissed with prejudipt 4. Reciprocal Confidentiality. The Parties agree that the amount of this settlement shall be kept strictly confidential and shall not be disclosed at any time to any third party other than immediate family member(s) (whose identity(ies) must be provided as 'Eyes Only' to Sidney Stubbs, Esq., Special Master, in a sealed envelope to be opened only if a third party kiesis alleged to have breached this provision), unless otherwise required by law or rule, or as necessary in connection with medical treatment, legal, financial, accounting, or tax services, appropriate tax reporting purposes, trustees who receive proceeds of thisaay fund, or in response to inquiry from a governmental or regulatory agency. Any such persons to whom the amount of this settlement is disclosed are also bound by this provision. Moreover, the terms of this Settlement Agreement shall not be used or disclosed In any court, arbitration, or other legal proceedings, except to enforce the provisions of this Settlement Agreement. Any third party who is advised of the settlement amount must sign a document acknowledging they are aware of this confidentiality provision and are bound by it, including enforcement provisions. If 3 EFTA00609482 ved with a subnoenaor_ceceives a request for the Settement Agreement they i itagy. and aivina 0000sina counsel 10 days to object if thev_ssictitoesq. 5. Anonymity. Second Parties shall not release identity, name, or physical depiction, or otherwise identify M, absent express written waiver of her right to anonymity, outside of ongoing or future litigation- related or claim-related matters. First Parties acknowledge that Second Parties have no control over what other plaintiffs' attorneys, witnesses' attorneys, or witnesses may do gE disclose in other cases regarding depositions and discovery. Second Parties may be required to subpoena and depose and call her at trial(s). gxcept provided in this agreement nothing Nething-eutside-ef-this-Settleinent-Aweereent-shall prohibit Second Parties from conducting Jeffrey Epstein's defense, investigation, and trial(s) as his lawyers deem appropriate. Robert Josefsberg and Katherine Ezell are hereby deemed to have full authority to accept a subpoena from Second Parties on behalf, so that Second Parties are not in violation of the terms of Paragraph 6, No Contact. 6. No Contact. Jeffrey Epstein agrees to continue to abide by Judge Marra's July 31, 2009 No Contact Order or any modification of same by the Court, so long as First Parties are given notice of any such modification and an opportunity to address this matter before the Court. 7. Enforcement. This Settlement Agreement shall be governed by the laws of the State of Florida. In the event of litigation arising out of a dispute over the interpretation of this Settlement Agreement, the prevailing party shall be entitled to recover its cost of 4 EFTA00609483 litigation. Including attorneys' fees and other reasonable costs of litigation. Should the federal court not retain jurisdiction, the Parties (and any third party) agree that the courts of the 151h Judicial Circuit of Palm Beach County shall have exclusive jurisdiction over the subject matter and shall have personal jurisdiction over the Parties (and third parties). In the event of an enforcement matter, the First Parties (and any third party family member) agree that Robert Josef sberg or Katherine Ezell is authorized to accept service for them, and Robert D. Critton, Jr. is authorized to accept service for Jeffrey Epstein. First and Second Parties expressly acknowledge and agree that, if either First or Second Parties allege that a breach of the confidentiality provision has occurred, or If First Parties allege that a breach of the anonymity or no contact provision has occurred, the aggrieved First or Second Parties may seek an appropriate remedy with the Court. If the Court finds a breach of the confidentiality, anonymity, or no contact provision set forth above, the Court shall determine the amount of the award. Equitable remedies are not relinquished by virtue of this provision: nor does either Party relinquish the right to pursue any other legal or equitable damages to which (s)he may be entitled as a result of the other Party's breach, including, but not limited to, prevailing party costs, to include attorneys' fees. 8. Attorneys' Fees and Costs. This settlement does not include any amounts for attorneys' fees or costs. The Parties and their attorneys have agreed to resolve the amount of attorneys' fees and costs through the Special Master whom they have mutually selected, Sidney Stubbs, Esq. wpm §toy.ogroe by her for attorneva blas lar costs is solely throua Tier attorneys and the Soecial Master oroceedino 9. Miscellaneous. 5 EFTA00609484 a. The Parties further confirm and acknowledge that this Settlement Agreement is being entered into without any duress or undue influence, and that they have had a full and complete opportunity to discuss the settlement and this release with their own attorneys. b. agrees that it is her obligation to pay any outstanding bills relating to this matter from all healthcare providers, satisfy any healthcare provider obligations arising out of the injuries underlying her claim, and hold Second Parties harmless from same. This provision does not Include health care evaluations, if any, which are considered costs paid for by M . counsel; these costs are subject to reimbursement by Second Parties, as previously agreed upon by the Parties' counsel:. and subiect to a decision by the Soecal Master f►there learlsint c. This Settlement Agreement was negotiated and entered Into by the Parties with the advice and assistance of counsel. d. This Settlement Agreement may be executed by the Parties in counterparts on separate signature pages. e. The Parties and their counsel will cooperate to execute the necessary paperwork and court filings to carry out the terms of this Settlement Agreement. EFTA00609485 It is so agreed. Date Jeffrey Epstein Date STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is personally known to me or has produced . as identification. and executed the foregoing instrument. WITNESS my hand and official seal this day of , 2009. Justice of the Peace Print Name: Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Jeffrey Epstein who is personally known to me or has produced , as identification, and executed the foregoing instrument. WITNESS my hand and official seal this day of , 2009. 7 EFTA00609486 Notary Public Print Name: Commission No.: My Commission Expires: for Any Notice Provision; 1. For Robert C. JosSbe a. Eso. or Katherine W. Ezell. Esq, P dh 7. For .leflrey Epstein - Burman. Critton. Luttier & Coleman. LLP { Formatted: Indent Left 0.25• EFTA00609487