NINTH AFFIRMATIVE DEFENSE Dr. Stout’s counterclaims are barred, in whole or in part, by the doctrine of truth as a defense.
TENTH AFFIRMATIVE DEFENSE Dr. Stout’s counterclaims are barred, in whole or in part, because the Clinic was discharged from further performance of the employment contract due to Physician’s prior material breach.
ELEVENTH AFFIRMATIVE DEFENSE Dr. Stout’s counterclaims are barred, in whole or in part, by the contractual disclaimer in Section 6.15 of the subject employment agreement, which states that “any promises, inducements, or benefits of any kind or nature made or alleged