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Date: ________
WITHOUT PREJUDICE SAVE AS TO COSTS
Re: Offer of Settlement – ________
Dear ________,
1. Introduction
1.1 We refer to the above matter concerning ________ (the Matter).
1.2 This letter is written on a without prejudice save as to costs basis and may be tendered to the relevant court or tribunal only on the question of costs, including pursuant to the principles in Calderbank v Calderbank [1976] Fam 93 and the applicable rules of court.
1.3 Without any admission of liability, and in a genuine and good-faith attempt to resolve the Matter and to avoid the further costs, delay and uncertainty of litigation, I make the following offer of settlement on the terms set out below (the Offer).
2. Terms of Settlement
2.1 I will pay to you a lump sum of $________ (________) within ________ (________) days of your written acceptance of this Offer, in full and final satisfaction of all claims arising out of or in connection with the Matter.
2.2 Payment will be made by electronic funds transfer to the account nominated by you in writing, or to the trust account of your solicitors at ________.
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2.4 Each party is to bear its own legal costs and disbursements in relation to the Matter.
2.5 You will immediately take all steps necessary to discontinue, withdraw or dismiss any court or tribunal proceedings commenced by you against me in relation to the Matter, with no order as to costs.
Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum.
2.7 I will additionally do the following:
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2.8 The parties will execute a Deed of Release recording the terms of settlement set out in this letter, in a form to be agreed, prior to or contemporaneously with payment under clause 2.1.
3. Acceptance
3.1 This Offer may be accepted only by your written notice of acceptance delivered to me at the address set out above before the expiry time in clause 3.2.
3.2 This Offer is open for acceptance until ________ on ________, after which time it will lapse automatically without further notice, unless extended by me in writing.
3.3 A binding settlement will arise only upon execution by all parties of the Deed of Release referred to in clause 2.8. This Offer does not, of itself, constitute a binding agreement.
4. General
4.1 This Offer is made entirely without any admission of liability or wrongdoing on my part.
4.2 This Offer and any resulting settlement are governed by the laws of ________, and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
4.3 I reserve the right to rely on this letter on the question of costs in any proceedings relating to the Matter.
I look forward to your favourable response and to resolving this Matter on the terms set out above.
Yours faithfully,
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