[§437-28.5]  Procedures, protections,
rights, and remedies made available to licensees.  (a)  The same
procedures, protections, rights, and remedies provided to a dealer under
section 437-28(a)(21) and section 437-3.6 shall apply to a distributor that is not
a manufacturer; provided that for a distributor that is not a manufacturer, the
measure of compensation under section 437-28(a)(21)(C) upon cancellation or
failure to renew a franchise agreement shall include compensation related to
that distributor's dealer operations and franchise agreements with other
dealers.



(b)  Notwithstanding the terms, provisions, or
conditions of any dealer or distributor agreement or franchise or the terms or
provisions of any waiver, and notwithstanding any other legal or administrative
remedies available, any person who is licensed under this chapter and whose
business or property is injured by a violation of section 437-28(a)(21), may
bring a civil action in a court of competent jurisdiction in the State to
enjoin further violations and to recover any damages together with the costs of
the suit.



(c)  Any person that brings or defends against
a civil action under subsection (b) shall be entitled to recover reasonable
attorneys' fees as a part of any damages or injunction; provided that the
person substantially prevails in establishing or defending against a violation
of section 437-28(a)(21). [L 2003, c 126, pt of §1]