Defendants' Draft of 10/7/09 For Settlement Purposes Only Confidential & Inadmissible Under NY CPLR 4547, FRE 408 and Other Applicable Law SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Agreement") is entered into as of October , 2009, by and between Ava a.k.a. Maximilia Cordero ("Plaintiff") and Jacqueline Mari ("Mari"), on the one hand, and Jeffrey Epstein, Nine East 71 Street Corporation, and Jeffrey Epstein and Co. ("Party Defendants"), on the other hand. RECITALS WHEREAS, Plaintiff, Mari and Party Defendants (each, a "Party" and, collectively, the "Parties") desire to settle and resolve all actual or potential disputes, claims, and actions among them in accordance with the provisions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the above premises and the respective agreements and other provisions contained in this Agreement, the Parties, intending to be legally bound, hereby agree as follows: 1. Representation by Jacqueline Mari Jacqueline Mari, counsel for Plaintiff, hereby represents and warrants that Plaintiff has the full mental and legal capacity to enter into, execute and perform this Agreement and is not an infant or incompetent person, by reason of insanity or otherwise, or a conservatee or a person for whom a committee has been appointed for any reason, and that this Agreement is fully enforceable against Plaintiff, and Plaintiff's heirs, executors, administrators, personal representatives, agents, successors and assigns, in accordance with the terms hereof. 2. No Admission of liability Neither this Agreement nor any documents relating to the subject matter hereof shall be construed as an admission of liability by any Party Defendant with respect to the allegations in the Action (as hereinafter defined), or in any other matter. The Parties acknowledge and agree that they are entering into this Agreement solely to avoid the inconvenience and unnecessary expen