Settlement Proposal

1. We refer to the above matter, wherein we act for +++, the +++.

2. We also refer to your letter dated +++ and the telephone conversation between +++.

Strictly on a without prejudice basis, we are instructed by our client to propose the following terms and conditions, as full and final settlement of the above matter:-

(a) Our client is agreeable to pay the sum of +++ to your client, as full and final settlement of the above matter (“Settlement Sum”).

(b) The Settlement Sum shall be released to you as the solicitors for your client, as stakeholder on or before +++ subject to the following terms and conditions:-

(i) Your client shall forthwith withdraw +++ upon receipt of the Settlement Sum by you as stakeholder;

(ii) Upon the +++, you may proceed to release the Settlement Sum to your client; and

(iii) Both parties shall bear their own costs in relation to the above matters.

(c) This Settlement constitutes a full final settlement of all claims and/or liabilities between +++ and +++, and all Parties shall have no further claims and/or liabilities whatsoever against each other.

4. Pending negotiation between Parties, we would be grateful if your client can hold +++ in abeyance.

5. We trust you will impress upon your client that our client is prepared to resolve the above matter amicably and we would be grateful if you could revert with your client’s agreement on the above terms within seven (7) days from the date hereof.

6. For the avoidance of doubt, our client expressly reserves all its rights.

Counter Settlement Proposal

Remember to mark it as WITHOUT PREJUDICE.

1. We refer to the above matter and to your letter dated 27 April 2020 (“Proposal”).

2. Our client maintains that the amount due and owing by your client to our client is RM222,861.89 (“Outstanding Sum”) as claimed by our client in the Writ and Statement of Claim dated 9 January 2020. Our client is therefore not agreeable to the Proposal.

3. Notwithstanding the above, our client is willing to settle the above matter amicably and instructed us to propose the following terms and conditions:-

(a) Your client should pay the sum of RM250,759.39 to our client as full and final settlement of the above matter. The particulars of the Settlement Sum are as set out in Annexure A and are briefly as follows:-

(i) Outstanding Sum of RM222,861.89; and

(ii) Interest at the rate of 5% per annum from the due date of the invoices until full and final settlement, amounting to RM27,897.50 (“Interest”),

(b) The sum of RM250,759.39 should be paid by your client to our client by 6 instalments as follows:-

(i) 1st instalment on 15 May 2020 RM41,385.91

(ii) 2nd instalment on 15 June 2020 RM42,157.28

(iii) 3rd instalment on 15 July 2020 RM42,388.87

(iv) 4th instalment on 15 August 2020 RM40,697.50

(v) 5th instalment on 15 September 2020 RM42,349.00

(vi) 6th instalment on 15 October 2020 RM41,780.83

(c) The payment stated in paragraph 3 (b) above shall be made by 6 post-dated cheques all of which shall be payable to our client and forwarded to us, as solicitors for our client, on or before 14 May 2020 (“Post-Dated Cheques”).

(d) In the event of default or non-payment of any one of the instalments as stated in paragraph 3 (a) to (c) above, the sum of RM222,861.89 (less actual amount paid) shall become immediately due and payable by your client to our client, and in this respect, our client shall be at liberty to commence legal proceedings against your client for the recovery of the sum of RM222,861.89 (less actual amount paid) together with interests, without further reference to your client, in which event, your client shall be fully and solely responsible for all further costs and interest incurred in the same.

(e) Parties should enter a Consent Judgment within 7 days of your client’s acceptance of paragraphs 3 (a) to 3 (d) above.

4. Kindly take note that the terms set out in paragraph 3 above are final and revert with your client’s agreement on the above terms on or before 11 May 2020, failing which this settlement proposal will automatically lapse. We look forward to your client’s favourable response.

5. For the avoidance of doubt, our client expressly reserves its rights.

6. Kindly acknowledge receipt of this letter and its enclosures.