EFTA00723003.pdf

BURMAN, CRITTON, LUTTIER & COLEMAN LLP J. MICHAEL BURMAN, PA.' GREGORY W. COLEMAN, PA. ROBERT D. CRTITON, JR., PA) BERNARD LEBEDBICER MARK T. LUMER, PA. JEFFREY C. PEPIN MICHAEL J. PIKE HEATHER McNAMA RA RUDA FLORIDA BOARD OFR1 IFIED CIVIL TRIAL LAWYER Sent by E-mail Only Robert Josefsberg, Esq. A LIMITED LIABILITY PARTNERSHIP August 12, 2009 Re: Epstein Matter Dear Bob: I am returning a copy of the executed Tolling Agreement for your file. Cordial yo s. Robert D. Critton, Jr. RDC/clz cc: Jack Goldberger, Esq. L A W Y E R'S 515 N. FLAGLER DRIVE / SUITE 400 / WEST PALM BEACH FLORIDA 33401 TELEPHONE FAX ADELGUI J. BENAVENTE PAPAL/CALI NVESTIOATOR BARBARA M. McKENNA ASHLIE STOKEN-BARING BETTY STOKES PARALEGALS RITA H. BUDNYK OF COMM EFTA00723003 TOLLING AGREEMENT This Tolling Agreement (the "Agreement") is made between Robert D. Critton, Jr. for Jeffrey Epstein (hereinafter "party or arties" on the one hand, and Robert C. Josefsberp. Es a. for (hereinafer "party or parties). The effective date of the Agreement is Augus 2009 Recitals A. One or more parties to the Agreement believe that they may have claims against one or more other parties to the Agreement. No party admits or concedes the existence or validity of any such claims. No party admits liability 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 parties and entities that the Agreement expressly identifies and no others. No person or entity that is not a party to the Agreement shall have the right, standing, or authority of the parties to the Agreement to invoke its terms, benefits or obligations without the express written consent of all parties to the agreement. Terms Because the parties to the Agreement agree not to commence legal or equitable proceedings against one another, all time limits for commencing such proceedings shall be tolled until October 15, 2009. at which time this Agreement shall automatically terminate. 2. The Agreement shall not revive any claim that is already time-barred on August 6, 2009, the effective date of the Agreement. 3. The Agreement shall be deemed to have been drafted by all parties, and shall not be construed against any party on the theory that fewer than all parties drafted the Agreement. 4. The Agreement may be extended only on or before the day it is due to terminate, by a writing signed by all parties to the Agreement, which establishes a date certain to which the Agreement shall be extended. 5. In any action to enforce the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. Page 1 EFTA00723004 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 entities to the terms of the Agreement. 7. The Agreement is confidential and shall not be disclosed to any person or entity by any parties to the Agreement, or their counsel, except as necessary to establish whether a claim or defense falls within the Agreement. 8. The Agreement may be signed in counterparts, which, when taken together, shall constitute a fully-executed Agreement. 9. The Agreement is the entire agreement among the parties. In executing the Agreement, no party is relying or acting on any promise, inducement, or agreement not expressed in the Agreement. Dated: S • t-2--07 Dated: 4 1 ) 6 CI Robert D. C - (party or pa n, Jr. for Jeffrey Epstein Robert C. Josefsbe for: Page 2 parties) EFTA00723005