Contract analysis

I. RESPONSES TO COUNT I — BREACH OF CONTRACT A. Responses to Jurisdictional and Introductory Allegations. Paragraph 1. Nexford admits that Nexford Industrial Holdings Inc. is a corporation duly organized and existing under the laws of the State of Delaware, with its principal place of business located at 4200 West Lakeshore Industrial Parkway, Suite 300, Waukegan, Illinois 60085. Paragraph 2. Nexford admits, upon inf

II. RESPONSES TO COUNT II — UNJUST ENRICHMENT Paragraph 24. Nexford admits that it received steel products, including HRC and CRC products, from Cardinal Peak during the Disputed Period, in accordance with the terms and conditions of the MSA and the purchase orders issued thereunder. Paragraph 25. Nexford denies that it was unjustly enriched at Cardinal Peak's expense or at all. Nexford paid for all steel products re

III. RESPONSES TO COUNT III — ACCOUNT STATED Paragraph 29. Nexford denies that an account stated exists between the parties with respect to the disputed surcharge invoices. An account stated requires, among other things, a mutual agreement or acquiescence by both parties as to the correctness of the account balance. No such agreement or acquiescence exists here. Paragraph 30. Nexford states that it timely disputed th

IV. GENERAL DENIAL Nexford denies each and every allegation of the Complaint not specifically admitted herein. To the extent any allegation has not been addressed in this Answer, such allegation is denied. Nexford reserves the right to amend this Answer and to assert additional defenses, including but not limited to additional affirmative defenses and counterclaims, as the facts and circumstances may warrant based on

1. Enter judgment in favor of Nexford and against Cardinal Peak on all counts of the Complaint, including Count I (Breach of Contract), Count II (Unjust Enrichment), and Count III (Account Stated);

2. Dismiss Counts I, II, and III of the Complaint with prejudice;

3. Award Nexford its costs of suit, including reasonable attorneys' fees, to the extent permitted by applicable law or by the terms of the MSA;

4. Award Nexford setoff and/or recoupment in such amounts as may be proven at trial or established through the course of this proceeding; and

5. Grant such other and further relief as this Court deems just, equitable, and appropriate under the circumstances. Respectfully submitted, September 19, 2022 CALDERWOOD & HARKNESS LLP By: ________ Priya Anand Responsible Partner 200 South Wacker Drive, Suite 4400 Chicago, Illinois 60606 Telephone: (312) 555-7200 Facsimile: (312) 555-7201 panand@calderwoodharkness.com Douglas Carmichael (Of Counsel) dcarmichael@cald