AFFIRMATIVE DEFENSE Clause Samples
An Affirmative Defense clause allows a party in a legal dispute to introduce new facts or legal arguments that, if proven, would defeat or mitigate the opposing party's claim, even if the allegations in the complaint are true. In practice, this means a defendant can assert defenses such as statute of limitations, self-defense, or consent, which must be specifically raised in their response to the complaint. The core function of this clause is to ensure that all relevant defenses are formally presented and considered, thereby promoting fairness and preventing surprise in litigation.
AFFIRMATIVE DEFENSE. In any action in any Federal or State court for breach of third- party contract, there shall be available as an affirmative defense that the alleged breach of contract was caused predominantly by action taken to carry out a Contingent Agreement. Such defense shall not release the party as- serting it from any obligation under applica- ble law to mitigate damages to the greatest extent possible. (Added Pub. L. 116–92, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1995.)
AFFIRMATIVE DEFENSE. A User shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in Section 6-7.201(a) and the specific prohibitions listed in 6- 7.201(b) where the User can demonstrate that:
(a) It did not know or have reason to know that its Discharge, alone or in conjunction with a Discharge or Discharges from other sources, would cause pass through or Interference; and
(b) Either of the following depending on the purpose of the Local Limit;
(1) A Local Limit designed to prevent pass through and/or Interference, as the case may be, was developed in accordance with 6-7.201(c) for each Pollutant in the User's Discharge that caused pass through or Interference, and the User was in compliance with each such Local Limit directly prior to and during the pass through or Interference; or
(2) If a Local Limit designed to prevent pass through and/or Interference, as the case may be, has not been developed in accordance with 6-7.201(c) for the Pollutant(s) that caused the pass through or Interference, the User's Discharge directly prior to and during the pass through or Interference did not change substantially in nature or Constituents from the User's prior Discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of Interference, applicable requirements for Sewage Sludge use or disposal. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § , Ord. , eff. )