Common use of Agreement as Defense Clause in Contracts

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-complaint for damages.

Appears in 23 contracts

Samples: Employment Agreement (Jones Soda Co), Employment Agreement (Jones Soda Co), Employment Agreement (Jones Soda Co)

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Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx as the basis for an injunction against any such action action, suit or proceeding and/or as a basis of a cross-complaint for damageswhich may be prosecuted, instituted or attempted by either party in breach thereof.

Appears in 22 contracts

Samples: Separation Agreement and General Release of Claims (Natural Alternatives International Inc), Separation Agreement and General (Natural Alternatives International Inc), Employment Agreement (Natural Alternatives International Inc)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-cross complaint for damages.

Appears in 8 contracts

Samples: Employment Agreement (Builders FirstSource, Inc.), Employment Agreement (Builders FirstSource, Inc.), Employment Agreement (Builders FirstSource, Inc.)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-cross­ complaint for damages.

Appears in 6 contracts

Samples: Employment Agreement (BMC Stock Holdings, Inc.), Employment Agreement (BMC Stock Holdings, Inc.), Employment Agreement (BMC Stock Holdings, Inc.)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx as the basis for an injunction against any such action action, suit or proceeding and/or as a basis of a cross-complaint for damagesthat may be prosecuted, instituted or attempted by any Party in breach thereof.

Appears in 2 contracts

Samples: Note Repayment Agreement (Akorn Inc), Note Repayment Agreement (Neopharm Inc)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, to or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-complaint for damages.

Appears in 2 contracts

Samples: Separation Agreement and General Release (BMC Stock Holdings, Inc.), Separation Agreement and General Release (BMC Stock Holdings, Inc.)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx as the basis for an injunction against any such action action, suit or proceeding and/or as a basis of a cross-complaint for damageswhich may be prosecuted, instituted or attempted by either party in breach.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (Natural Alternatives International Inc)

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Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-cross- complaint for damages.

Appears in 1 contract

Samples: Separation Agreement and General Release (BMC Stock Holdings, Inc.)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Thi s Agreement may also be used to xxxxx any such action or proceeding and/or as a basis of a cross-cross­ complaint for damages.

Appears in 1 contract

Samples: Employment Agreement (BMC Stock Holdings, Inc.)

Agreement as Defense. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, relating to, or having anything to do with any and all Claims, counterclaims, defenses or other matters capable of being alleged, which are specifically released and discharged by this Agreement. This Agreement may also be used to xxxxx any abatx xxx such action or proceeding and/or as a basis of a cross-complaint for damages.

Appears in 1 contract

Samples: Severance Agreement (Stock Building Supply Holdings, Inc.)

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