LANKLER SIFFERT & WOHL LLP ATTORNEYS AT LAW BY FEDEX Harry P. Susman, Esq. Susman Godfrey LLP 1000 Louisiana, Suite 5100 Houston, Texas 77002 Dear Harry: 33RD FLOOR 500 FIFTH AVENUE NEW YORK, N. Y. 10110-3398 WwW.LSWLAW.COM May 10, 2011 MAY 1 Z011 TELEPHONE 12121 Etal49399 TELEFAX 1212/ 764-3701 Re: Fortress VRF I LLC et al. v. Jeepers, Inc., JAMS Ref. No. 1425006537 I have enclosed a copy of the transcript of Daniel Zwim's deposition in the Gruss matter, bates-stamped DZ_FTC 000754 - DZ_FTC 000872. As agreed between and among the parties, the enclosed materials will be treated as confidential and subject to the terms of the Confidentiality Agreement and Order that was sent to you on October 7, 2010 by counsel for the claimants (the "Confidentiality Agreement"), despite the fact that the Confidentiality Agreement has not been fully executed. If that is not your understanding, please let me know as soon as possible. Very truly yours, Daniel E. Reynolds cc: Allan Arffa, Esq. William O'Brien, Esq. EFTA00629533