1382 LAWS OF MARYLAND Ch. 662
(2) THE DEALER SHALL HAVE THE RIGHT TO CANCEL HIS
MARKETING AGREEMENT UNTIL MIDNIGHT OF THE SEVENTH
BUSINESS DAY AFTER THE DAY ON WHICH THE AGREEMENT WAS
SIGNED, BY GIVING THE DISTRIBUTOR IN PERSON OR BY
CERTIFIED MAIL WRITTEN NOTICE OF CANCELLATION, PROVIDED
THAT ANY MONEY, EQUIPMENT, OR MERCHANDISE LOANED,
SOLD OR DELIVERED TO THE DEALER ARE RETURNED TO THE
DISTRIBUTOR FOR FULL CREDIT, OR CASH EQUIVALENT,
TOGETHER WITH DELIVERY OF FULL POSSESSION OF THE SERVICE
STATION LOCATION TO THE DISTRIBUTOR, WITHIN 10 DAYS AFTER
DELIVERY OF NOTICE;
(3) THE RIGHT OF EITHER PARTY TO TRIAL BY JURY OR THE
INTERPOSITION OF COUNTER-CLAIMS OR CROSS-CLAIMS SHALL
NOT BY AGREEMENT BE WAIVED;
(4) THE PRICE AT WHICH THE DEALER SELLS PRODUCTS SHALL
NOT BE FIXED OR MAINTAINED BY THE DISTRIBUTOR NOR SHALL
HE SEEK TO DO SO, NOR SHALL THE PRICE OF PRODUCTS BE
SUBJECT TO ENFORCEMENT OR COERCION BY THE DISTRIBUTOR
IN ANY WAY; PROVIDED THAT NOTHING HEREIN SHALL BE
CONSTRUED TO PROHIBIT A DISTRIBUTOR FROM SUGGESTING
PRICES AND COUNSELING WITH DEALERS CONCERNING PRICES;
(5) NO DEALER SHALL BE REQUIRED TO USE OR UTILIZE ANY
PROMOTION, PREMIUM, COUPON, GIVE-AWAY OR REBATE IN THE
OPERATION OF THE BUSINESS. EXCEPT AS OTHERWISE PROVIDED
BY LAW, NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT A
DEALER FROM PARTICIPATING FINANCIALLY IN A PROMOTION,
PREMIUM, COUPON, GIVE-AWAY OR REBATE SPONSORED BY THE
DISTRIBUTOR;
(6) IN THE EVENT OF ANY TERMINATION OR CANCELLATION
WHETHER BY MUTUAL AGREEMENT OR OTHERWISE, A
DISTRIBUTOR SHALL BE REQUIRED TO REPURCHASE FROM THE
DEALER WITHIN THIRTY (30) DAYS FROM THE DATE OF
TERMINATION AT THE THEN CURRENT WHOLESALE PRICES ANY
AND ALL MERCHANTABLE PRODUCTS PURCHASED BY THE
DEALER FROM THE DISTRIBUTOR, PROVIDED, HOWEVER, THAT IN
THE EVENT OF PURCHASE, THE DISTRIBUTOR SHALL HAVE THE
RIGHT TO APPLY THE PROCEEDS AGAINST ANY EXISTING
INDEBTEDNESS OWED TO HIM BY THE DEALER AND THAT THE
REPURCHASE OBLIGATION IS ([CONDITIONED UPON THERE BEING
NO OTHER ]] ENFORCEABLE TO THE EXTENT THAT THERE ARE NO
OTHER VALID CLAIMS OR LIENS AGAINST THE PRODUCTS BY OR
ON BEHALF OF OTHER CREDITORS OF THE DEALER;
(7) NO DISTRIBUTOR SHALL UNREASONABLY WITHHOLD ITS
CONSENT TO ANY ASSIGNMENT, TRANSFER, OR SALE OF A
MARKETING AGREEMENT;
(8) WITH RESPECT TO NON-RENEWAL OF A MARKETING
AGREEMENT, EITHER PARTY MUST GIVE THE OTHER PARTY
NOTICE OF HIS INTENT NOT TO RENEW A MARKETING
AGREEMENT AT LEAST [[30]] 90 DAYS PRIOR TO THE EXPIRATION
OF THE TERM OF THAT MARKETING AGREEMENT.
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