336

LAWS OF MARYLAND

[Ch. 49

ARE NO OTHER VALID CLAIMS OR LIENS AGAINST THE PRODUCTS
BY OR ON BEHALF OF OTHER CREDITORS OF THE DEALER.

REVISOR'S NOTE: This subsection presently appears as
the first clause of Art. 23, §167E(6).

New language is added to clarify that the
provisions of this subsection are not intended
to apply to a dealers cancellation under
subsection (b), which contains its own
distinct repurchase provisions.

The only other changes are in style.

(I) PAYMENT FOR GOODWILL.

(1) IN ADDITION TO THE PROVISIONS OF
SUBSECTION (H) OF THIS SECTION, IF, WITHOUT THE WRITTEN
CONSENT OF THE DEALER, THE DISTRIBUTOR TERMINATES,
CANCELS, OR UNREASONABLY REFUSES TO RENEW THE MARKETING
AGREEMENT, THE DISTRIBUTOR SHALL PAY TO THE DEALER THE
FULL VALUE OF ANY BUSINESS GOODWILL WHICH THE DEALER
ENJOYS AT THE TIME HE IS NOTIFIED OF THE TERMINATION,
CANCELLATION, OR REFUSAL TO RENEW.

(2) THE DISTRIBUTOR SHALL     MAKE THE PAYMENT

REQUIRED BY THIS SUBSECTION WITHIN     30 DAYS FROM THE

EFFECTIVE DATE OF THE TERMINATION,     CANCELLATION, OR
REFUSAL TO RENEW.

(3) THIS SUBSECTION DOES NOT APPLY IF THE
DEALER MATERIALLY BREACHES THE MARKETING AGREEMENT.

REVISOR'S NOTE: This subsection presently appears as
the second clause of Art. 23, §167E(6).

The only changes are in style.

(J) AGREEMENT MAY NOT WAIVE CERTAIN RIGHTS.

THE MARKETING AGREEMENT MAY NOT WAIVE THE RIGHT OF
EITHER PARTY TO TRIAL BY JURY OR INTERPOSITION OF
COUNTER-CLAIMS OR CROSS-CLAIMS.

REVISOR'S NOTE: This subsection presently appears as
Art. 23, §167E(3).

The only changes are in style.

11-305. DEFENSES TO ACTION BASED ON TERMINATION OR
CANCELLATION OF MARKETING AGREEMENT.

SUBJECT TO THE NOTICE REQUIREMENTS OF §11-306, IN
ANY ACTION FILED UNDER THIS SUBTITLE WHICH IS BASED ON A