A “conditional acceptance” of a 998 offer is ineffective to become on enforceable settlement under CCP 998, although it may become a settlement upon the original offeror’s acceptance of the other party’s counteroffer. Here, Sutter’s 998 offer was $500,000. Plaintiff’s “conditional acceptance” added three terms for the court to “clarify” including whether prejudgment interest was owed on the $500,000. The “conditional acceptance” was really a counter-offer which, in itself didn’t form a settlement agreement under 998, but the trial court might find that apart from 998, Sutter accepted plaintiff’s conditions, thus forming an enforceable settlement agreement.