EFTA02570504

From: Jeffrey Epstein <jeevacation@gmail.com> Sent: Thursday, June 6, 2013 2:55 PM To: Steven Sinofsky Subject: Re: contract I'll call after board meeting On Thursday, June =, 2013, Steven Sinofsky wrote: I think there are three things: • T=e timeline of section 6 is endless. For this just isn't workable.=A0 A big part of this agreement is closure. So that isn't closure.=A0 • Not paying. It feels to me that this agreement makes it trivial for =hem to just not pay. Then I have to sue to get paid. That seems pret=y weak in the agreement and likely. I get that if they don't want t= pay they just won't, but the way disparagement is done it is trivial to=not pay--take some article that implies I said something (not a quote just=reporters words) and then they don't pay. They are rolling the dice o=er if I sue or not. But the cost of the suit will be greater than the p=yback for me so they win. • So far, their behavior has been crazy. It seems likely it will get m=re crazy. That means the section needs to be solid with respect to c=azy. Sent from Wind=ws Mail on Surface RT http://blo=.learningbyshipping.com <http://blog.learningbyshipping.com> F=om: Jeffrey Epstein Sent: Thursday, June 6, 2013 5:22 AM To: Steven Sinofs=y I @stevesi http://blog.thekongfirm.com/2010=08/19/nondisparagement-clauses-whats-the-big-deal.aspx <http://blog.thekongfirm.com/2010/08/19/nondisparagement-clauses-=hats-the-big-deal.aspx> On Thu, Jun 6, 2013 at 8:09 AM, Steven Sinofsky < /span> wrote: But the way it=reads it is for perpetuity and I can't really talk about Microsoft. =A0I just can't have that. Reply message From: "Jeffrey Epstein" <jeevacation@gmail.com> To: "Steven Sinofsky" <> Subject: contract Date: Thu, Jun 6, 2013 3:48 AM EFTA_R1_01738507 EFTA02570504 I think it is ok. lets talk, they will never sue you=for disparagement. it would make them look ridcitulis , =t is bad enough that they put in the non compete for 5 months. On Wed, Jun 5, 2013 at 4:45 PM, Steven Sinofsky < rote: Their comments will not be owned by them ... they will just be stories=about me that they placed (including the defense of this contract). the biggest issue for me is section 6 -- it is a perpetuity agreement.=A0 I was on a 12 month schedule for this whole thing. I can't figure rut what can be said or not and for how long or not. Sent from Windows Mail F=om: Jeffrey Epstein Sent: Wednesday, June 5, 2013 1:43 PM To: Steven Sinofsky You can respond to their comments with abandon sobibdo not see a real issue=A0 On Wednesday, June 5, 2013, Steven Sinofsky wrote: Section 2... a lot of section 6 hinges on this section which is that p=yment should be made unless the agreement is "materially" breached A=D there is failure to cure. Defining what materially breached means in =he context of section 6 is tricky and curing a vague concept of disparagement is tricky. There's an easy argument =f "cannot unring the bell" that gets made. What I worry about is =asically not getting paid and then having to sue. 6b. This reads like a permanent restraining order on talking about =icrosoft. Hard to see how I could write a book or talk about Microsoft =ver. This is not good. The end date for everything was supposed to b= 12 months. This vaguely extends it to jan 2016 but then has a clause that seems to on forever. 6c. switches to first person weirdly "me" 14. this gives 21 days for me to sign. we should understand <=div> </=lockquote> The information contained in this communication is confidential, may be =ttorney-client privileged, may constitute inside information, and is in=ended only for the use of the addressee. It is the property of Jeffr=y Epstein 2 EFTA_R1_01738508 EFTA02570505 Unauthorized use, disclosure or copying of this communication or any par= thereof is strictly prohibited and may be unlawful. If you have receiv=d this communication in error, please notify us immediately by retur= e-mail or by e-mail to jeevacation@gmail.com <mailtojeevacation@gmail.com> , and destroy this communication and all copies thereof, including all attachm=nts. copyright -all rights reserved 3 EFTA_R1_01738509 EFTA02570506