16-1407.   Notice of termination; right to cure;approval of transfer of retailer's business.(a) Except as otherwise provided in this section, a supplier shallprovide a retailer at least 90 days' prior notice of termination,cancellation, or nonrenewal of the contract. The notice shall state allreasons constituting good cause for termination, cancellation or nonrenewaland shall provide that the dealer has 60 days in which to cure any claimeddeficiency. If the deficiency is rectified within 60 days, the notice shallbe void. The notice and right to cure provisions under this section shallnot apply if the reason for termination, cancellation or nonrenewal is forany reason set forth in subsections (a) through (h) of K.S.A. 16-1406.

      (b)   In the event that a supplier of lawn and garden equipment hascontractual authority to approve or deny a request by a retailer to sell ortransfer any portion of the retailer's business ownership to another party orto enter into an agreement to operate the dealership with another party, thesupplier shall approve or deny the request within 90 days of receiving such arequest.If thesupplierhas neither denied nor approved the request within 90 days, the request shallbedeemed approved.The retailer's request shall include the reasonable financialinformation, personal background, character references and work histories asrequired by the supplier to render such a determination. In the event thesupplier denies the request, the supplier shall provide the retailer with awritten notice of its determination with the stated reasons for the denial.

      History:   L. 1992, ch. 40, § 7;L. 1998, ch. 79, § 4; July 1.