846

LAWS OF MARYLAND

Ch. 287

BY repealing and reenacting, with amendments,

Article - Commercial Law
Section 11-304(f) and (g)
Annotated Code of Maryland
(1975 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 11-304(f) and (g) of Article -
Commercial Law, of the Annotated Code of Maryland (1975
Volume and 1975 Supplement) be and they are hereby
repealed and reenacted, with amendments, to read as
follows:

Article — Commercial Law

11-304.

(f)    A [party] DISTRIBUTOR who intends not to renew
a marketing agreement shall give notice of his intent to
the [party] RETAIL SERVICE STATION DEALER at least 90
days before the expiration of the term of the marketing
agreement[ .], WHETHER OR NOT THE MARKETING AGREEMENT
CONTAINS A PROVISION FOR AUTOMATIC RENEWAL OR, BY ITS
TERMS, EXPIRES AT A FIXED TIME. FAILURE TO GIVE NOTICE
CONSTITUTES A RENEWAL OF THE MARKETING AGREEMENT FOR A
TERM OF ONE YEAR FROM ITS STATED EXPIRATION DATE. THIS
NOTICE REQUIREMENT SUPERSEDES THE NOTICE PROVISIONS OF
ARTICLE - REAL PROPERTY, SECTION 8-402(B), ANNOTATED CODE
OF MARYLAND, AS WELL AS ANY NOTICE PROVISION SET FORTH IN
THE MARKETING AGREEMENT.

(g)    The distributor may not unreasonably withhold
his consent to any assignment, transfer, sale, or renewal
of a marketing agreement[.], WHETHER OR NOT THE MARKETING
AGREEMENT CONTAINS A PROVISION FOR AUTOMATIC RENEWAL OR,
BY ITS TERMS, EXPIRES AT A FIXED TIME. NOTICE OF INTENT
NOT TO RENEW A MARKETING AGREEMENT SHALL SET FORTH, IN
SPECIFIC DETAIL, THE REASONS RELIED UPON BY THE
DISTRIBUTOR FOR THE NONRENEWAL.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 4, 1976.

CHAPTER 288
(Senate Bill 380)

AN ACT concerning