We have generated this draft Term Sheet based on the information you provided. You can:
· Make changes to the names and addresses of the parties, the claim description and the deadline set forth in this draft Term Sheet by returning to the Prepare Term Sheet page.
· Elect to use an alternative version of Paragraph 6 of the Term Sheet by following the instructions that appear on this page in the box beneath the draft Term Sheet (this will allow you to designate a set of "Settlement Terms" that are different from the terms referred to in paragraph 6 of the draft set forth below].
To download a PDF copy of this term sheet, click here.
TERM SHEET DATED [Activation Date will be inserted here upon activation]
Fair Proposals Account No.[Account Number will be inserted here upon activation]
Jane Doe [the "First Party") hereby invites John Smith ("you" or the "Second Party") to use the process described below to arrive at a settlement agreement with respect to the above-referenced matter. The First Party specifically agrees and represents as follows:
1. The First Party will accept a specific amount of money (referred to in this Term Sheet as "X") to settle the above-referenced matter if, prior to a fixed deadline and in the manner described below, you agree to settle for that amount. The fixed deadline is as follows: Thursday, November 16, 2017 at 12:00 Hours (i.e., 12:00 Noon) U.S. E.S.T. (the "Deadline").
2. The First Party has specified the value of X by using a commitment device (the “Fair Proposals System” or the “System”) that is embodied online at www.fairproposals.com and that is administered by Fair Outcomes, Inc. of Boston, Massachusetts, U.S.A. The First Party has caused the System to send you an e-mail today, via the Second Party’s email address as set forth above, that contains the text of this Term Sheet and log-in information that will allow you to confidentially use the System free of charge. You can use that System to confidentially specify an amount of money ("Y") and signify your willingness to settle for X (and to accept certain "Settlement Terms," as that phrase is defined at paragraph 6 of this Term Sheet) if - and only if - X is less than or equal to the amount of money that you specify (Y). The System will not disclose to the First Party or to anyone else (including the administrators of the System) any use or non-use that you may make of the System or of that website, and will erase and delete any data that you enter, unless X is less than or equal to the amount of money that you specify (in which event the claim will settle for X).
3. If you enter data as described at paragraph 2 above, then the System will at that time determine whether X is greater than, equal to, or less than the numerical value that you specified (Y).
4. If the System determines that X is less than or equal to Y, then the System will at that time automatically issue a certificate to both you and the First Party (the "Parties") setting forth the value of X and attesting to the terms set forth in this Term Sheet and to the fact both Parties had agreed to settle for X in the manner described in this Term Sheet.
5. If, alternatively, the System determines that X is greater than Y, then the System will automatically notify you of that fact and give you an opportunity to confidentially specify a different value for Y. This opportunity will be given to you on each such occasion up until the Deadline. In addition, on each such occasion the System will give you an opportunity to print out a certificate confirming the value that you specified for Y at that time and attesting to the fact that the matter did not settle at that time because X was greater than Y. (The System will not maintain or provide the First Party or anyone else with a copy of any such certificate or the information set forth therein.)
6. If the System determines that both Parties have agreed to settle for X in the manner described above, then both Parties shall also be deemed to have agreed to a set of settlement terms (the "Settlement Terms"). The Settlement Terms shall (unless the Parties have otherwise mutually agreed in writing) be as follows:(i) Each Party shall be deemed to have fully settled, resolved, and released the other from any and all claims that existed between them with respect to the above-referenced matter; (ii) The Second Party shall cause the settlement amount to be paid to the First Party within thirty (30) days of the date upon which you entered data into the System resulting in a determination that the Second Party had agreed to settle for X; and (iii) if said payment has not been made within that period, then (a) the Second Party shall be obliged to pay all reasonable costs incurred by the First Party in collecting said amount from the Second Party, including reasonable attorneys fees; and (b) the First Party may, in the First Party's sole discretion and as an alternative to pursuing collection proceedings, rescind the First Party's agreement to settle for X by sending written notice to that effect to the Second Party.
7. Additional information about the above-described process and about Fair Outcomes, Inc. is available on the System's website, which can be accessed by clicking here.