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i <br />Answer to All Paragraphs and Allegations <br />81. Answering all paragraphs and allegations contained in the Barkers' <br />Counterclaims, Empire denies each and every allegation not expressly admitted <br />above. <br />AFFIRMATIVE DEFENSES <br />1. The Counterclaims fail to state a claim upon which relief may be <br />granted. <br />2. Empire's actions have been and will continue to be taken in <br />compliance with federal and state statutes and regulations requiring those actions <br />to be taken, and as a result, Empire is privileged to take those actions. <br />3. No act of Empire has been or will be a factor in bringing about any <br />damage to Barkers. <br />4. Barker's claims are barred to the extent they have failed to mitiate <br />their damages, if any. <br />5. Barker's claims are barred by the equitable doctrines of estoppel, <br />waiver and/or lathes. <br />6. Barker's claims are barred by their failure to exhaust administrative <br />remedies. <br />7. Barker's claims are barred, in whole or in part, on the grounds that <br />any acts by Empire or any of its employees or agents were committed in the <br />exercise of good faith and were reasonably justified under the circumstances then <br />apparent. <br />5 <br />