Contract analysis
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Contract analysis / motion-to-strike-notice.docx
motion-to-strike-notice.docx
High · 1
Medium · 0
Standard · 0
1. First Affirmative Defense: Force Majeure — in which Defendants allege that performance
1. First Affirmative Defense: Force Majeure — in which Defendants allege that performance under the parties' Grain Purchase and Supply Agreement dated March 14, 2021 (the "Agreement") was excused by reason of purported force majeure events;
2. Second Affirmative Defense: Commercial Impracticability — in which Defendants allege t
2. Second Affirmative Defense: Commercial Impracticability — in which Defendants allege that performance under the Agreement was rendered commercially impracticable by reason of alleged unforeseen market conditions and supply chain disruptions; and
3. Third Affirmative Defense: Failure to Mitigate Damages — in which Defendants allege th
High
⚑ Penalty / liquidated damages
3. Third Affirmative Defense: Failure to Mitigate Damages — in which Defendants allege that Plaintiff failed to take reasonable steps to mitigate its alleged damages arising from Defendants' breach of the Agreement. Specifically, Plaintiff respectfully requests the entry of an order striking the First, Second, and Third Affirmative Defenses in their entirety, with prejudice, on the grounds that each of said affirmati