Claim Represents a Compromised Amount Sample Clauses

Claim Represents a Compromised Amount. Digital acknowledges and agrees that the Claim amount of $6,200,000 represents a compromised amount on the part of Jabil and that Jabil believes that an amount in excess of $6,800,000 is due by Digital to Jabil. The parties agree that the compromised amount of the Claim will be binding on the parties but only if Jabil receives and is able to keep the full amount of the Claim under the terms of this Agreement. Therefore, the parties further agree that if for any reason (including because of filing of a bankruptcy case) Digital fails to pay the full amount of the Claim to Jabil or if any portion of the Claim now or later paid by Digital to Jabil is determined to be a preference under 11 U.S.C. § 547 or is otherwise set aside for any reason, then Jabil is entitled to be paid and to file a claim against Digital for the full amount due by Digital to Jabil. If Jabil seeks such a determination of the full amount owed by Digital, Digital may dispute the amount of the claim to the extent that it exceeds $6,200,000, but Digital acknowledges and agrees that Jail's claim against Digital is at minimum $6,200,000 as of the date of this Agreement. Because the parties have agreed to this compromised amount, Digital waives its right to receive and releases Jabil from any duty to provide the information described in section 10.6(b) of the Manufacturing Agreement. If Jabil later seeks a determination of the full amount owed by Digital, Jabil will provide the information described in section 10.6(b) within 6 months after a written demand for such information by Digital.
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Related to Claim Represents a Compromised Amount

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