Where a settlement agreement requires both payment and non-monetary performance (such as removal of publications and publication of apologies), the agreement is more likely to be construed as an accord and conditional satisfaction rather than an accord and satisfaction, particularly where the non-monetary obligations may not be enforceable by specific performance. The enforceability of promised obligations is a relevant factor in determining whether a party would objectively have agreed to discharge their cause of action in exchange for mere promises. A provision for entry of judgment in default of payment does not necessarily indicate an accord and satisfaction where the agreement contains other obligations not covered by that default provision.
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