Friday, July 01, 2022 12:44:34 PM
Another doc CIGN response to FTH and Fluent's defenses on their lawsuit
CIGN admits Fluent paid CIGN Real Estate a security deposit of 30k and began making 10k per month rent payments and certain utility bills.
It is denied that Fluent advanced funds for capital expenditures needed to bring the premises into compliance with the Service Agreement and denies Fluent paid all of its utility bills.
They admit FTH advanced a portion of funds to CIGN for initial purchase of 300k and began advancing an operating draw of 72,500 per month. The remaining allegations denied.
They deny all other allegations.
They deny that the property was unworkable. Also that FTH Fluent accepted the property as is and agreed that is was their obligation to make upgrades to the property. They acknowledged that the property was not optimal but workable.
They failed to make the upgrades to the property as required per service agreement.
FTH and Fluent breached contract by failing to pay which is prior to their claims made later to get out of the agreement. Their failure to make timely payments were material to CIGN's obligations under the agreement.
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