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Session Laws, 1986
Volume 768, Page 1739   View pdf image
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HARRY HUGHES, Governor                                     1739

(i) Gives the dealer at least 90 days' prior
written notice of the termination, cancellation, or nonrenewal
and of the specific grounds for the action; and

(ii) Provides the Administration with a copy of
that notice.

(B)  A DISTRIBUTOR MAY NOT TERMINATE, CANCEL, OR FAIL TO
RENEW THE FRANCHISE OF A DEALER, NOTWITHSTANDING ANY TERM OR
PROVISION OF THE FRANCHISE, UNLESS:

(1)  THE DEALER HAS FAILED TO COMPLY SUBSTANTIALLY
WITH THE REASONABLE REQUIREMENTS OF THE FRANCHISE; AND

(2)  EXCEPT AS OTHERWISE PROVIDED BY SUBSECTION (D) OF
THIS SECTION, THE DISTRIBUTOR:

(I)  GIVES THE DEALER AT LEAST 90 DAYS' PRIOR
WRITTEN NOTICE OF THE TERMINATION, CANCELLATION, OR NONRENEWAL
AND OF THE SPECIFIC GROUNDS FOR THE ACTION; AND

(II)  PROVIDES THE ADMINISTRATION WITH A COPY OF
THAT NOTICE.

(C)  A FACTORY BRANCH MAY NOT TERMINATE, CANCEL, OR FAIL TO
RENEW THE FRANCHISE OF A DEALER, NOTWITHSTANDING ANY TERM OR
PROVISION OF THE FRANCHISE, UNLESS:

(1)  THE DEALER HAS FAILED TO COMPLY SUBSTANTIALLY
WITH THE REASONABLE REQUIREMENTS OF THE FRANCHISE; AND

(2)  EXCEPT AS OTHERWISE PROVIDED BY SUBSECTION (D) OF
THIS SECTION, THE FACTORY BRANCH:

(I)  GIVES THE DEALER AT LEAST 90 DAYS' PRIOR
WRITTEN NOTICE OF THE TERMINATION, CANCELLATION, OR NONRENEWAL
AND OF THE SPECIFIC GROUNDS FOR THE ACTION; AND

(II)  PROVIDES THE ADMINISTRATION WITH A COPY OF
THAT NOTICE.

[(b)] (D) The 90-day notice period required by subsection
(a) of this section:

(1)  May be reduced to not less than 15 days, if the
ground for the termination, cancellation, or nonrenewal is the
dealer's inability to reasonably serve the interests of the
public; and

(2)  Is not required, if the dealer waives it in
writing.

[(c)] (E) (1) If a dealer receives written notice that his
franchise is being terminated, cancelled, or not renewed, the
dealer may, within the notice period required by this section,

V

 

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Session Laws, 1986
Volume 768, Page 1739   View pdf image
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