Settlement Offer Letter - Template, Sample Form Online

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Telephone: ________
Email: ________

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CONFIDENTIAL — FOR SETTLEMENT PURPOSES ONLY
SUBJECT TO RULE 408 OF THE FEDERAL RULES OF EVIDENCE

VIA ________

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Telephone: ________
Email: ________

Re: Confidential Settlement Offer — Case No. ________, ________, pending in ________

Dear ________:

This firm represents ________ (the “Offering Party”) in connection with the above-referenced matter (the “Dispute”). I write on behalf of the Offering Party in a good-faith effort to resolve the Dispute amicably and without the further expense, delay, and uncertainty of continued litigation.

§ 1. Non-Binding Nature of This Communication. Please be advised that, while the Offering Party is hopeful that the parties can reach a resolution on the terms set forth below, this letter does not constitute, and shall not be construed as, a binding offer or agreement capable of acceptance so as to create an enforceable contract. This letter is intended solely as the commencement of settlement discussions that, if successful, will be reduced to a formal, written Settlement Agreement and Release executed by all parties (the “Settlement Agreement”). No obligation shall arise unless and until such Settlement Agreement is fully executed and delivered.

§ 2. Proposed Settlement Terms. Subject to the foregoing, the Offering Party proposes to resolve the Dispute on the following principal terms:

2.1. Settlement Payment. Payment in the total sum of $________ (________ Dollars) (the “Settlement Payment”), payable by ________ to ________ within ________ days after the effective date of the Settlement Agreement, in full and final satisfaction of all claims and disputes arising out of or relating to the Dispute.

2.2. General Release. A complete and mutual release and discharge of any and all claims, liabilities, causes of action, suits, demands, defenses, damages, costs, attorneys' fees, and obligations of any kind or nature whatsoever, whether known or unknown, arising out of or relating to the Dispute, to the fullest extent permitted by applicable law.

2.3. Waiver of Unknown Claims. A waiver of all rights under any statute or common-law principle that would otherwise preserve claims unknown or unsuspected at the time of release, including, to the extent applicable, the protections of California Civil Code § 1542 and any comparable provision of ________ law, as to claims relating to the Dispute, whether currently foreseen, unforeseen, accrued, or unaccrued.

2.4. Dismissal With Prejudice. Upon receipt of the Settlement Payment, the parties shall execute and file a stipulation of dismissal with prejudice of all claims and counterclaims in the Dispute, with each party to bear its own costs and attorneys' fees unless otherwise agreed.

2.5. Confidentiality and Non-Disparagement. The Settlement Agreement and the terms of any settlement shall remain strictly confidential, except as required by law or to enforce the Settlement Agreement, and shall include mutual non-disparagement covenants.

2.6. No Admission of Liability. Any settlement shall expressly provide that it is a compromise of disputed claims and does not constitute, and shall not be construed as, an admission of liability, fault, or wrongdoing by any party.

2.7. Additional Terms. The following additional terms shall apply:

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§ 4. Reservation of Rights. Nothing contained in this letter shall be deemed a waiver of any rights, claims, remedies, or defenses of the Offering Party, all of which are expressly reserved in the event this matter is not resolved on the terms set forth above.

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§ 6. Response. Should you wish to discuss these terms, please contact me at any of the points of contact set forth above. If the proposed terms are acceptable, please provide signed written confirmation within five (5) business days, whereupon a formal Settlement Agreement will be prepared for execution by the parties.

Sincerely,

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Counsel for ________