To: Jeffrey Epstein[jeevacation©gmail.corn]
From: Steven Sinofsky
Sent: Wed 6/5/2013 5:58:12 PM
Subject: contract
Section 2... a lot of section 6 hinges on this section which is that payment should be made
unless the agreement is "materially" breached AND there is failure to cure. Defining what
materially breached means in the context of section 6 is tricky and curing a vague concept of
disparagement is tricky. There's an easy argument of "cannot unring the bell" that gets made.
What I worry about is basically not getting paid and then having to sue.
6b. This reads like a permanent restraining order on talking about Microsoft. Hard to see how I
could write a book or talk about Microsoft ever. This is not good. The end date for everything
was supposed to be 12 months. This vaguely extends it to jan 2016 but then has a clause that
seems to on forever.
6c. switches to first person weirdly "me"
14. this gives 21 days for me to sign. we should understand the SEC regulation. is this business
days? if the comp committee meets on the 12 then it is July before I have to sign assuming
perfect execution on their part.
Section 6 is very messy for me and PR.
It sets up a "gotcha" dynamic especially if I work at another company that matters or just say
anything in public. The press could write something I say as negative and then that becomes
evidence of material breach. Then they just don't pay. I have no recourse.
I know you think this will sit on a shelf but section 6 is currently the rest of my life.
Sent from Windows Mail on Surface RT
http://blog.learningbyshipping.com I @stevesi
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