WILLIAM DONALD SCHAEFER, Governor                            Ch. 453

(II)     A LIST OF REASONS FOR THE PROPOSED CANCELLATION OR
NONRENEWAL, INCLUDING ANY DEFICIENCIES ON THE PART OF THE DISTRIBUTOR;

(III)    A STATEMENT OF THE EFFECTIVE DATE OF THE PROPOSED
CANCELLATION OR NONRENEWAL; AND

(IV) A STATEMENT THAT THE GRANTOR, WHERE POSSIBLE,
INFORMED THE DISTRIBUTOR OF AND MADE GOOD FAITH EFFORTS TO RESOLVE
ANY SUBSTANTIAL DEFICIENCIES ON THE PART OF THE DISTRIBUTOR THAT
CONSTITUTE THE BASIS FOR CANCELLATION OR NONRENEWAL; AND

(V) (IV) IF DEFICIENCIES ARE IDENTIFIED BY THE GRANTOR
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, A STATEMENT THAT THE
DISTRIBUTOR MAY ATTEMPT TO CURE DEFICIENCIES THAT ARE IDENTIFIED AS A
BASIS FOR THE CANCELLATION OR NONRENEWAL, AS PROVIDED IN § 11-1305 OF THIS
SUBTITLE.

(C)      A GRANTOR MAY NOT UNLESS THE PARTIES AGREE TO THE CONTRARY,
NEITHER A DISTRIBUTOR NOR A GRANTOR MAY ALTER PAYMENT, CREDIT, OR
DELIVERY TERMS AFFECTING THE DISTRIBUTOR DURING THE PERIOD BETWEEN
THE NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION AND THE
PROPOSED DATE OF CANCELLATION OR NONRENEWAL, OR DURING THE PERIOD OF
CURE DESCRIBED IN § 11-1305 OF THIS SUBTITLE.

(D)     A GRANTOR IS NOT REQUIRED TO COMPLY WITH THE PROVISIONS OF
THIS SECTION IF THE REASON FOR THE CANCELLATION OR NONRENEWAL
INCLUDES ANY OF THE FOLLOWING:

(1)      FOR ANY ITEMS THAT ARE NOT IN DISPUTE, THE FAILURE OF THE
DISTRIBUTOR TO PAY THE GRANTOR FOR COMMERCIAL GOODS RECEIVED;

(2)      THE ACTUAL OR PENDING INSOLVENCY, THE OCCURRENCE OF AN
ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR THE BANKRUPTCY OF THE
DISTRIBUTOR OR OF ITS PARENT ENTITY OR OF ANY AFFILIATED ENTITY THAT HAS
FINANCIAL CONTROL OVER IT;

(3)      A DANGER TO THE PUBLIC HEALTH OR SAFETY CAUSED BY THE
DISTRIBUTOR OR ANY AFFILIATED ENTITY OVER WHICH IT HAS CONTROL; OR

(4)      ABANDONMENT OF THE AGREEMENT BY THE DISTRIBUTOR OR ANY
OTHER MATTER WHICH A COURT FINDS TO BE JUSTIFICATION FOR A PREMATURE
CANCELLATION OR NONRENEWAL;

(5) CONDUCT BY THE DISTRIBUTOR EXPRESSLY PROHIBITED UNDER A
WRITTEN AGREEMENT THAT MATERIALLY AFFECTS THE RELATIONSHIP BETWEEN THE
DISTRIBUTOR AND GRANTOR;

(6) CONDUCT BY THE DISTRIBUTOR THAT MATERIALLY ALTERS THE
COMMERCIAL VIABILITY OF THE GRANTOR'S COMMERCIAL GOODS IN THE
MARKETPLACE; OR

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