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DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madison Avenue, 4'h Floor New York, New York 10022 Re: D.B. Zwirn Special Opportunities Fund, L.P. Dear Jeffrey: This Agreement describes the terms and conditions of the relationship between you as client and us as lawyers. Susman Godfrey
pportunities Fund, L.P. ("Fund"), D.B. Zwirn Partners, LLC, D.B. Zwim & Co., L.P., Zwirn Holdings, LLC, Glenn Dubin, Highbridge Capital Management, Dubin & Swieca Asset Management, and any of their successors or predecessors in interest for damages arising out of your investments in the Fund (all such claims are collectively
cessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund I LLC. 4. "Fund" means D.B. Zwirn Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund 1 LLC and f/k/a Highbridge/Zwim Special Opportunities Fund, L.P. and includes its directors, officers, emp
. Each of µhe facts and statements herein is true and correct 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"), owned interests in the general partner and in the investment manager of D.B. Zwim Special Opportunities Fund, L.P. (the "Zwim Fund")
cessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund I LLC. 4. "Fund" means D.B. Zwirn Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund I LLC and f/k/a Highbridge/Zwirn Special Opportunities Fund, L.P. and includes its directors, officers, em
Each of the facts and statements herein is true and correct. 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"), owned interests in the general parmer and in the investment manager of D.B. Zwim Special Opportunities Fund, L.P. (the "Zwim Fund").
Entities connected to both D.B. Zwirn Special Opportunities Fund and Dubin & Swieca Asset Management

Jeffrey Epstein
PERSON
Financial Trust Company
ORGANIZATION
Glenn Dubin
PERSONZwirn
PERSONJeepers, Inc.
ORGANIZATION
United States
LOCATIOND.B. Zwim Special Opportunities Fund
PERSONZWIRN HOLDINGS
ORGANIZATIONDANIEL ZWIRN
PERSONJohn S. Siffert
PERSONthe Judicial Arbitration and Mediation Service
ORGANIZATIONSUSMAN GODFREY
ORGANIZATION
Stephen Hawking
PERSONZwirn Fund
ORGANIZATION
JPMorgan Chase
ORGANIZATION
Jes Staley
PERSON
Highbridge Capital Management
ORGANIZATIONLankier Siffert & Wohl
ORGANIZATIONWilliam O'Brien
PERSONthe Zwirn Parties
LOCATION