Wednesday, December 18, 2019 12:32:37 PM
Precisely why they can not use the affirmative defense. They did not perform their responsibilities in accordance with the spa. They had no knowledge of GDSIs financial situation and to this date have yet to prove GDSI did not have any funding available at the time of their breach.
The affirmative defense is a defense that must be asserted very early on during litigation or it can be barred by laches. Does not mean it has any validity at all.
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