Ch. 662                          MARVIN MANDEL, Governor                             1383

167F.

A DISTRIBUTOR WHO HAS A WRITTEN MARKETING AGREEMENT
WITH A DEALER SHALL BE LIABLE TO THE DEALER AS PROVIDED
IN 167-I FOR THE DISTRIBUTOR'S WRONGFUL OR ILLEGAL
TERMINATION OR CANCELLATION OF THE MARKETING
AGREEMENT DURING ITS TERM.

167G.

IT SHALL BE A DEFENSE TO ANY ACTION BROUGHT UNDER THE
PROVISIONS OF THIS SUBHEADING THAT THE MARKETING
AGREEMENT WAS TERMINATED OR CANCELLED BECAUSE:

(1)  OF A MUTUAL AGREEMENT BETWEEN THE PARTIES;

(2)  OF THE BANKRUPTCY OR INSOLVENCY OF THE DEALER;

(3)    THE DEALER FAILED TO COMPLY WITH THE EXPRESS
REQUIREMENTS OF HIS AGREEMENT WITH THE DISTRIBUTOR;
AND

(4)  THE DEALER FAILED TO ACT IN GOOD FAITH IN CARRYING
OUT THE TERMS OF HIS AGREEMENT WITH THE DISTRIBUTOR.

167H.

NEITHER PARTY MAY RAISE ANY DEFENSE SET OUT IN SECTION
167G UNLESS IT SHALL GIVE WRITTEN NOTICE TO THE OTHER
PARTY IN PERSON OR BY CERTIFIED MAIL OF ITS INTENT TO
TERMINATE OR CANCEL AT LEAST 60 DAYS PRIOR TO THE DATE
ON WHICH IT INTENDS TO TERMINATE OR CANCEL THE
MARKETING AGREEMENT; PROVIDED, HOWEVER, THAT WHERE
CRIMINAL MISCONDUCT, FRAUD, ABANDONMENT, BANKRUPTCY
OR INSOLVENCY OF THE DEALER, ADULTERATION OF PRODUCT,
OR THE GIVING OF A DISHONORED NON-SUFFICIENT FUND
CHECK, IS PROVEN AT THE TIME OF TERMINATION OR
CANCELLATION, THE 60 DAY NOTICE SHALL NOT BE REQUIRED.
WHERE NOTICE IS GIVEN BY CERTIFIED MAIL, THE NOTICE SHALL
BE EFFECTIVE ON THE DATE OF MAILING.

167I.

ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBHEADING SHALL BE CIVILLY LIABLE FOR DAMAGES CAUSED
AS A RESULT OF THE VIOLATION, OR BE SUBJECT TO OTHER
REMEDIES LEGAL OR EQUITABLE AS MAY BE AVAILABLE TO THE
PARTY INJURED BY THE VIOLATION. ANY PERSON SUFFERING
DAMAGES AS THE RESULT OF THE WRONGFUL OR ILLEGAL
TERMINATION OR CANCELLATION OF A MARKETING AGREEMENT
OR AS THE RESULT OF ANY OTHER VIOLATION OF THE
PROVISIONS OF THIS SUBHEADING MAY BRING AN ACTION
UNDER THIS SECTION AGAINST THE OTHER PARTY IN THE
CIRCUIT COURTS OF THE SEVERAL COUNTIES OR THE SUPREME
BENCH OF BALTIMORE CITY OR WHERE THE OFFENDING PARTY
RESIDES OR HAS HIS PRINCIPAL PLACE OF BUSINESS.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of
this Act or the application thereof to any person or circumstances is held invalid