From: Jeffrey Epstein <[email protected]> To: Boris Nikolic Subject: Fwd: Privileged and Confidential Date: Mon, 09 Sep 2013 16:18:21 +0000 Attachments: 9-9-13 Revision_ of Agreement.docx; 9-9-13_Comparewrite_Version.docx _ Forwarded message From: Darren Indyke Date: Mon, Sep 9, 2013 at 11:52 AM Subject: Privileged and Confidential To: Jeffrey Epstein <[email protected]> Revised Boris Agreement attached. I have attached clean and redlined version. The only remaining information to be inserted is Boris's address. I included the ability of Boris to make an election in his sole discretion to take payment in kind of all or a portion of the payment he is entitled to receive when there is a third party purchase of 100% of Foundation Medicine or ResearchGate. I have specified that if Boris elects in-kind, the in-kind payment will be the securities distributed by the third party purchaser as consideration in connection with the transaction. Since we are making a 100% acquisition a trigger of payment, upon reflection, I did not see what additional harm allowing Boris to take payment of all or a portion of the amounts due to him in-kind. If you disagree, I will remove the provision. The provision is in the last paragraph of the Investment Entity Payment Demands Section. I made changes to confidentiality and releases and indemnification as we discussed, as well. The changes that I made from the draft we received from Larry are marked on a separate attached document for your convenience. DARREN K. INDYKE DARREN K. INDYKE. PLLC New York, New York 10022 Telephone: Telecopier: Mobile: email: *********** ********* ********** ************* ** ******* ************** *********** * ******** ******** The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of