From: Lawrence Krauss <I

From: Lawrence Krauss <I To: Justin Dillon , J <[email protected]>, nancy dahl Cc: Lawrence Krauss <I Subject: Re: Krauss settlement agreement - revised draft Date: Fri, 12 Oct 2018 20:12:36 +0000 Justin: I have read through this, and have talked to Nancy. I will try and reach out to Jeffrey. Based on this, I think we am ready for you to contact her and say that if they make the following changes: I. correct the Foundation Name to Black, and also add Charles Brickman, John and Dawn Edwards, Stephen Horne, Joseph Logan, and (possibly) the other donors from the Origins Amazon Cruisethe list. 2. make the modification in the University statement I sent yesterday as per Jeffrey. 3. make the minor wording changes to the disparagement clause that you and I discussed yesterday. then we are willing to sign. I will let you know when Jeffrey confirms this.. LMK 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 I Assistant (Jessica): On Oct 12, 2018, at 1:02 PM, Justin Dillon <a wrote: Ready to talk whenever you are. I'll be unavailable from about 4:30-5 my time but otherwise around. Justin Dillon ICaiserDillon PLLC 1401 K St. NW Suite 600 Washin on, DC 20005 From: Lawrence Krauss Sent: Friday, October 12, 2018 3:53:14 PM EFTA01019844 To: Justin Dillon Cc: nancy dahl; Subject: Re: Krauss settlement agreement - revised draft p.s. not only is it the Black Foundation, but one of the other significant donors, Chuck Brickman, who gave $40K this year, and pledged an additional $80K has specifically contacted me to indicate his desire to move the funds to support my activities if possible. In addition, the following other donors, who gave $2.5K apiece to the Foundation as part of the Amazon cruise commitment have contacted me with similar interests. John and Dawn Edwards, Steven Home, Joe Logan. If they want to restrict it to this list rather than all the donors I guess I am ok with it. Or if they want to indicate they will agree to Black, Brickman, and the Origins Cruise participant donors, then we can check with all of them in due course. 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) On Oct 12, 2018, at 12:37 PM, Justin Dillon < > wrote: See below. I just responded and asked if we could have until Monday, given how late in the day it is. I will call you shortly. Justin Dillon KaiserDillon PLLC 1401 K Street NW Suite 600 Washington, DC 20005 www.kaiserdillon.com Begin forwarded message: From: Kimberly Demarchi Subject: Krauss settlement agreement - revised draft Date: October 12, 2018 at 3:08:01 PM EDT To: "Justin Dillon ( 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. EFTA01019845 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. Demarchi Profile I Add me to your address book vww.omlaw.com 2919 North Central Avenue 21st Floor Phoenix Arizona S 012 Telephon Facsimilt oinlawrom <Krauss settlement agreement - 2018-10-12 Revision.pdf> EFTA01019846