Yep, a contract and a promise aren't the same, if we add that the "promise" is to apply "reasonable" pricing, we get a wide degree of subjectivity. I can't see MS getting money back, but a compromise between the two parties for the future is very likely. If totally losing and without reaching a compromise, MS could be forced to prematurely kill its console again, although this time maybe it could let it live its whole minimum planned life as main console, but give up letting it live further, after next gen release, as entry level model, as royalties for 3rd parties techs would become excessive to price it low enough for its new role.