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EFTA00583912

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Bullet Points of Settlement Agreement Issues • If Andrew Farkas is to be expressly named as a releasee, then he should sign the agreement and be a releasor as Jeffrey Epstein will. • In addition to the marina management fee, all other fees contemplated under Section 12.01 of the Operating Agreement should be reduced by one-third (e.g., retail leasing service fees, brokerage service fees and development management fees). • No management fees, brokerage service fees, retail leasing fees, etc should be allocated to Jeffrey Epstein in respect of revenues derived from Jeffrey Epstein or his affiliates. • Jeffrey Epsein's and his affiliates' rights to fuel discounts and slip rental discounts should be tied only to payment defaults for fuel, payment defaults for slip rentals and payment defaults under the current lease or any additional lease for space at AYH, subject to a reasonable right to cure any such defaults. • Regarding payment for fuel. Payment should be made within five (5) business days after invoicing, not after purchase. Currently payment is made after invoicing on a monthly basis and that is how it should continue. The right to cure should be 10 days after notice of non-payment, and not simply 10 days after the payment deadline. If payment is not made, then it was inadvertent and there needs to be a mechanism to make sure Jeffrey Epstein is not "caught" because of an inadvertent non-payment Finally, Jeffrey Epstein should be able to cure a fuel default five times within any 12-month period. • Similar provision should be made for slip rentals. • In addition to the existing vessels of Jeffrey Epstein and affiliates, and any replacement vessels therefor, the fuel discounts and slip rental discounts should apply to up to five additional vessels and their replacements. • The location of the current slips for Jeffrey Epstein's vessels should not be changed without Jeffrey Epstein's prior written consent (Once additional slips a

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