From: jeffrey E. <[email protected]> Sent: Tuesday, June 21, 2016 4:35 PM To: Richard Kahn Subject: Fwd: Better Roads have her hand deliver herlself Forwarded message From: Cecile de Jongh < ate:=Tue, Jun 21, 2016 at 11:51 AM Subject: Better Roads To: Jeffrey Epst=in <[email protected] <mailto:[email protected]> &=t;, Richard Kahn This is a draft of the certified letter to M=. Diaz that Darren wrote with my minor edits. Please let me know if =his is fine to send to him. Dear Mr. Diaz: =AO As I emailed you on Friday, April 8, 2016, I repeatedly called you all last we=k, leaving you numerous voice mail messages, as well as messages with your administrative assistant. Failing to receive any response, I also left a message for Mr. Jeffers and requested t=at that he forward that message to you. Mr. Jeffers has subsequently confirmed that he passed on the message however, you have yet to respond. Consequently, I am writing this letter to formally demand the immediate return to LSJE, LLC of $114,540.53 previou=ly paid to and unlawfully retained by Better Roads for work that has never bee= performed by Better Roads on Little St. James. =AO No representative of LSJE, LLC or Little St. James has ever signed any written agreement entitling Better Roads to charge any cancellation fee for work th=t has not been performed on Little St. James; nor has Better Roads at any tim= ever presented any representative of LSJE, LLC or Little St. James with a proposed contract that provides for the payment to Better Roads of such a cancellation fee. Moreover, no Better Roads representative has ever previously advised any representative of LSJE= LLC or Little St. James, either verbally or in writing, of any such cancellation fee, and there is simply no applicable statute or rule of law =hat authorizes Better Roads to charge or retain any such a cancellation fee. Better Roads' attempts to retain $76,875 as a cancellation fee, in addition to the $56,