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.)
Appears in 6 contracts
Samples: Contingency Agreement, Contingency Agreement, Contingency Agreement
