FIRST AFFIRMATIVE DEFENSE JBI states that its performance under the Employment Agreement is excused due to the breach by the Plaintiff (Klapanis) of Paragraphs 1 (b), ( c) and ( e) of the Agreement by failing to devote all ofPlaintifts business time, energy and skill in the performance of his duties and his failure to obey the lawful directions of the CEO and use his diligent efforts to promote the interests of the Company.
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