Waiver of Defenses, Presumption. The Company expressly acknowledges and agrees that you shall have a contractual right to the benefits provided hereunder, and the Company expressly waives any ability, if possible, to deny liability for any breach of its contractual commitment hereunder upon the grounds of lack of consideration, accord and satisfaction or any other defense. In any dispute arising after a Change in Control of the Company as to whether you are entitled to benefits under this Agreement, there shall be a presumption that you are entitled to such benefits and the burden of proving otherwise shall be on the Company.
Appears in 4 contracts
Samples: Change in Control Agreement (Columbus McKinnon Corp), Change in Control Agreement (Columbus McKinnon Corp), Change in Control Agreement (Audubon Europe S a R L)
