MARVIN MANDEL, Governor                                2825

include any subsidiary or affiliated corporation in which
it holds at least thirty percent voting control;

(2)    "Dealer" means any person engaged in the
retail sale of gasoline products under a marketing
agreement entered into with a distributor, other than a
person who is an employee of a distributor;

(3)    "Marketing Agreement" means [a] AN ORAL OR
written agreement between a distributor and a dealer
under which the dealer is granted the right to use a
trademark, trade name, service mark, or other identifying
symbol or name owned by the distributor, and [a] AN ORAL
OR written agreement between a distributor and a dealer
by which the dealer is granted the right to occupy
premises owned, leased or controlled by the distributor,
for the purpose of engaging in the retail sale of
gasoline products supplied by the distributor;

(4)    "Engaged in the retail sale of gasoline
products" means that at least thirty per centum of the
dealer's gross revenue is derived from the retail sale of
gasoline products;

(5)    "Retail" means the sale of a product for
purposes other than resale.

167E.

Every marketing agreement between a distributor and
a dealer shall be subject to the following provisions
whether or not expressly set forth therein:

(1)    The dealer shall not be required to keep his
retail outlet open for business for any specified number
of hours per day, or days per week, unless his marketing
agreement expressly sets forth the requirements;

(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;