From: Lawrence Krauss <I

From: Lawrence Krauss <I To: Justin Dillon <I Subject: Re: Krauss settlement agreement - revised draft Date: Fri, 12 Oct 2018 19:46:42 +0000 p.s. it is the Black foundation.. but I suppose one dark color is as good as the next. 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 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. 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. EFTA01019858 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 www.omlaw.com 2929 North Central Avenue 21st Floor Phoenix Arizona 8 012 Telephon Facsimil omlaw.com <Krauss settlement agreement - 2018-10-12 Revision.pdf> EFTA01019859