EFTA00731249.pdf

DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66th Street, 10B New York, New York 10065 Telephone: Telecopier: email: January 29, 2010 YlAEMAIL lla and First Class Mail Jay Goldberg, Esq. Elizabeth Hill, Esq. 250 Park Avenue Suite 2020 New York, New York 10177 Re: Agreement for Design Services dated May 15, 2009 ("Design Services Agreement") by and among Juan Pablo Molyneux, J.P. Molyneux Studio, Ltd. (collectively, "Molyneux"), L.S.J., LLC {"LSJ") and Jeffrey Epstein ("Epstein"). Dear Jay and Elizabeth: I write in response to Elizabeth's several emails of today's date. One day after Mr. Epstein agreed to the April 15, 2010 extension, the finishers left St. Thomas without a word to anyone or even a completion schedule for the proper refinishing of the cabinetry. Mr. Molyneux never said anything to Mr. Epstein about this when they agreed to the extension. As you know, refinishing the cabinetry was clearly included in Exhibit B of the Agreement for Design Services as one of the items Mr. Molyneux is required to cause to be properly completed at no additional cost or expense to Mr. Epstein. As of today's date, that requirement has not been satisfied. Moreover, Mr. Epstein has not agreed to the elimination of the guest desk chair also required to be provided by Mr. Molyneux pursuant to Exhibit B. Please send me a countersigned copy of the Mr. Epstein's January 27, 2010 letter confirming only Mr. Epstein's and Mr. Molyneux's agreement to the April 15, 2010 extension. Furthermore, as of today's date, the requirement in the Agreement for Design Services that the Office Pavilion be completed to Mr. Epstein's reasonable EFTA00731249 satisfaction has not been satisfied as much work remains in order for that to occur. By way of example only, in addition to, among other things, Mr. Molyneux outstanding obligation to refinish of the cabinetry, the side office in the Office Pavilion is currently nothing but four blank walls; absolutely nothing has been done to complete this portion of the Office Pavilion. In accordance with the Agreement to extend the deadline until April 15, 2010, Mr. Epstein will not now declare Mr. Molyneux to be in breach of his obligations under the Agreement for Design Services and seek to recover the $250,000 of damages to which Mr. Epstein would be entitled in the event of such a breach. However, this letter constitutes notice to Mr. Molyneux of his unfulfilled obligations under the Agreement for Design Services and a request that he take immediate steps to ensure that no breach will occur. In connection therewith, we request that Mr. Molyneux immediately—provide Mr. Epstein with a detailed schedule no later than feb 3 for refinishing the cabinetrycbefece4he-entendedappil 4S-deadline-and contact Mr. Epstein to review and resolve all other items required to satisfy Mr. Molyneux's contractual obligations relating to the Office Pavilion. Sincerely, Darren K Indyke EFTA00731250