CONFIDENTIAL ‒ FOR SETTLEMENT DISCUSSION PURPOSES ONLY
[Date of Letter]
VIA CERTIFIED RETURN RECEIPT MAIL & EMAIL ([Recipient’s Email Address])
[Attention: Responsible Party]
Pursuant to the agreement dated [Enter date agreement was executed] (the “Agreement), [Your Company Name] has performed its obligations by [describe performance of contractual obligations]. To date, despite repeated requests, [Counterparty Company Name] has failed to pay the sum of $[amount owed and outstanding], and is therefore in breach of the Agreement. While we are prepared to file a lawsuit asserting claims against [Counterparty Company Name] for each of these claims, it is hopeful that a mutually acceptable resolution outside of a publicly filed litigation can be achieved.
The matters set forth herein are intended for settlement purposes only and are strictly confidential in all respects. They may not be used for any other purpose in any proceeding that may be commenced by either party in any court, tribunal, or arbitration, pursuant to [Applicable State Rule of Civil Procedure], the Federal Rules of Evidence, or other applicable law, rules, or provisions. [Your Company Name] specifically reserves all rights with respect to the matters set forth herein.
Unless and until these issues are resolved, I formally place [Counterparty Company Name] on notice of legal requirements concerning document retention, and expect [Counterparty Company Name] and all its affiliates to honor such requirements. [Counterparty Company Name] has a legal obligation to maintain and preserve any and all documents, materials, and information, in any form whatsoever, that may be potentially relevant to the subject matter of, or discoverable in any potential action arising from, this breach.
The documents that [Counterparty Company Name] should preserve include, without limitation, any and all such documents, materials, and information produced, created, or transmitted inside or outside of [Counterparty Company Name] concerning: (i) __________; (ii) ________; and (iii) _________.
Consequently, we hereby request a good faith response to this letter as soon as possible, but in no event later than the close of business on [Month] [day], 2015. If by such time I have received no response from [Counterparty Company Name], I expressly reserve the right to pursue any and all available legal and equitable remedies, including, but not limited to, instituting formal litigation proceedings against [Counterparty Company Name], and this letter is without prejudice to any other rights or remedies available to [Your Company Name].