From: Lawrence Krauss

From: Lawrence Krauss To: J <[email protected]> Subject: Fwd: Krauss settlement agreement - revised draft Date: Fri, 12 Oct 2018 23:42:13 +0000 Lawrence M. Krauss Professor School of Earth & Space Exploration and Physics Department Arizona State University, P.O. Box 871404, Tempe, AZ 85287-1404 Research Office Assistant (Jessica I www.lawrencemkrauss.com Begin forwarded message: From: Justin Dillon Subject: Fwd: Krauss settlement agreement - revised draft Date: October 12, 2018 at 4:41:18 PM PDT To: Lawrence Krauss ec )1 Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washington, DC 20005 www.kaiserdillon.com Begin forwarded message: From: Justin Dillon Subject: Re: Krauss settlement agreement - revised draft Date: October 12, 2018 at 7:41:03 PM EDT To: Kimberly Demarchi < Thanks, Kim. I will take that to mean the Friday deadline is no longer operative. If I'm wrong about that, please let me know. Have a nice weekend. Justin Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washington, DC 20005 www.kaiserdillon.com EFTA01019815 On Oct 12, 2018, at 7:39 PM, Kimberly Demarchi < > wrote: Justin, I'm writing to confirm the conversation we just had. I've passed along your proposed changes to my clients and am waiting to hear back. I expect that I may not hear back by 5 pm today, which was the original deadline, but I will let you know as soon as I can. Given the time difference, if I am able to provide you with any additional response tonight, I wouldn't expect you to respond tonight. Over the weekend will be sufficient. Thanks, Kim Kimberly A. Demarchi Profile I Add me to your address book 2pww.omlaw.com From: Justin Dillon Sent: Friday, October 12, 2018 2:45 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft 2020 North Central Avenue 21st Floor Phoenix Arizona 8 012 Telephon Facsimile omlaw.com Kim, Here's my redline. If ASU will agree to this, we are prepared to sign today. Please feel free to call me at 202-421- 5298 if you would like to discuss anything. Thanks, Justin Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washington, DC 20005 www.kaiserdillon.com On Oct 12, 2018, at 4:04 PM, Kimberly Demarchi wrote: Here's the Word document. I've reached out about the extension and will get back to you. From: Justin Dillon Sent: Friday, October 12, 2018 12:56 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft EFTA01019816 Also, would you mind sending this to me in Word so I can redline as needed? Thanks, Justin Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washington, DC 20005 www.kaiserdillon.com On Oct 12, 2018, at 3:08 PM, Kimberly Demarchi < wrote: Justin, I'm writing to follow up on our conversation and correspondence yesterday regarding the proposed settlement. ASU is willing to agree that any funds donated by the Brown Foundation that remain unspent may be transferred from the ASU Foundation to another non-profit organization, if the Brown Foundation so directs. At this point, I've been able to determine that there is a total of $1,209,479.32 on deposit with the ASU Foundation for the Origins Project's operating expenses. Some of that may be from other donors, so it is possible that not all of it would be transferred. But whatever is attributable to the Brown Foundation would be transferred, provided that the Brown Foundation directs the ASU Foundation to do so and tells it what nonprofit should receive the funds. Although I do not agree with your analysis, we will agree to remove the reference to the ADEA from the release paragraph, which should put an end to the discussion regarding whether it is necessary to provide your client with a review period or the option to revoke. ASU is not willing to extend the retirement date beyond May 2019 or make additional payments, nor is it willing to transfer the funds in its local accounts to another institution. I have attached a revised agreement along these lines. I am available for discussion as needed. Best wishes, Kim Kimberly A. Demarehi Profile I Add me to your address book Le:;www.omlaw.com 2929 North Central Avenue 21st Floor Phoenix Arizona 8 012 Tclephon Facsimile cmilaw.com <Krauss settlement agreement - 2018-10-12 Revision.pdf> <Krauss Settlement Agreement - 2018-10-12 Revision.docx> EFTA01019817