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 A party asserting the accord-and-satisfaction defense must establish that: (1) the claim is disputed; (2) the party claiming the defense offered to pay less than the amount purportedly due; and (3) the other party accepted and retained the lesser amount offered in full settlement of the claim. Eccomunity, Inc. v. Lussier, 147 Vt. 276, 278, 514 A.2d 711, 713 (1986). 

In an accord and satisfaction, an obligor agrees to provide a performance different from that required, or allegedly required, of him by the contract, and the obligee agrees to accept the substituted performance in satisfaction of the obligor's existing duty. See, e.g., Restatement (Second) of Contracts § 281 (1981); Horn Waterproofing Corp. v. Bushwick Iron & Steel Co., 66 N.Y.2d at 326-27, 497 N.Y.S.2d at 313-14; Merrill Lynch Realty/Carll Burr, Inc. v. Skinner, 63 N.Y.2d 590, 596, 483 N.Y.S.2d 979, 982, 473 N.E.2d 229 (1984) ('Acceptance of a check in full settlement of a disputed unliquidated claim operates as an accord and satisfaction discharging the claim . . . .'); Patel v. Orma, 190 A.D.2d 782, 783, 593 N.Y.S.2d 851, 853 (2d Dep't 1993) (mem.). The proponent of a contract modification must show ...

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