A. Except as provided in subsection D of this section, a supplier shallprovide a dealer at least 120 days' prior written notice of any intention toamend, terminate, cancel or not renew any agreement. The notice shall stateall the reasons for the intended amendment, termination, cancellation ornonrenewal.
B. Where such reason or reasons relate to a condition or conditions which maybe rectified by action of the dealer, he shall have seventy-five days inwhich to take such action and, within such seventy-five-day period, shallgive written notice to the supplier if and when such action is taken. If suchcondition or conditions have been rectified by action of the dealer, then theproposed amendment, termination, cancellation or nonrenewal shall be void andwithout legal effect. However, where the supplier contends that action on thepart of the dealer has not rectified one or more of such conditions, suchsupplier must give written notice thereof to the dealer within fifteen daysafter the dealer gave notice to the supplier of the action taken.
C. During the 120-day notice period provided for in subsection A the dealershall have the right to contract for a transfer of his business to anotherperson who meets the material and reasonable qualifications and standardsrequired by the supplier of its dealers. The dealer shall give notice of anysuch transfer to the supplier at least forty-five days prior to theexpiration of the 120-day notice period.
D. No notice shall be required and an agreement may be immediatelyterminated, amended, canceled or allowed to expire if the reason for theamendment, termination, cancellation or nonrenewal is:
1. The bankruptcy or receivership of the dealer;
2. An assignment for the benefit of the creditors or similar disposition ofthe assets of the business, other than the creation of a security interest inthe assets of a dealer for the purpose of securing financing in the ordinarycourse of business;
3. Willful or intentional misrepresentation made by the dealer with theexpress intent to defraud the supplier;
4. Failure of the dealer to conduct its customary sales and serviceoperations during its customary business hours for seven consecutive businessdays, unless such failure has resulted from acts of God, casualties, strikes,or other similar circumstances beyond the dealer's reasonable control;
5. Failure to pay any undisputed amount due the supplier continuing forthirty days after written notice thereof; or
A. Except as provided in subsection D of this section, a supplier shallprovide a dealer at least 120 days' prior written notice of any intention toamend, terminate, cancel or not renew any agreement. The notice shall stateall the reasons for the intended amendment, termination, cancellation ornonrenewal.
B. Where such reason or reasons relate to a condition or conditions which maybe rectified by action of the dealer, he shall have seventy-five days inwhich to take such action and, within such seventy-five-day period, shallgive written notice to the supplier if and when such action is taken. If suchcondition or conditions have been rectified by action of the dealer, then theproposed amendment, termination, cancellation or nonrenewal shall be void andwithout legal effect. However, where the supplier contends that action on thepart of the dealer has not rectified one or more of such conditions, suchsupplier must give written notice thereof to the dealer within fifteen daysafter the dealer gave notice to the supplier of the action taken.
C. During the 120-day notice period provided for in subsection A the dealershall have the right to contract for a transfer of his business to anotherperson who meets the material and reasonable qualifications and standardsrequired by the supplier of its dealers. The dealer shall give notice of anysuch transfer to the supplier at least forty-five days prior to theexpiration of the 120-day notice period.
D. No notice shall be required and an agreement may be immediatelyterminated, amended, canceled or allowed to expire if the reason for theamendment, termination, cancellation or nonrenewal is:
1. The bankruptcy or receivership of the dealer;
2. An assignment for the benefit of the creditors or similar disposition ofthe assets of the business, other than the creation of a security interest inthe assets of a dealer for the purpose of securing financing in the ordinarycourse of business;
3. Willful or intentional misrepresentation made by the dealer with theexpress intent to defraud the supplier;
4. Failure of the dealer to conduct its customary sales and serviceoperations during its customary business hours for seven consecutive businessdays, unless such failure has resulted from acts of God, casualties, strikes,or other similar circumstances beyond the dealer's reasonable control;
5. Failure to pay any undisputed amount due the supplier continuing forthirty days after written notice thereof; or
A. Except as provided in subsection D of this section, a supplier shallprovide a dealer at least 120 days' prior written notice of any intention toamend, terminate, cancel or not renew any agreement. The notice shall stateall the reasons for the intended amendment, termination, cancellation ornonrenewal.
B. Where such reason or reasons relate to a condition or conditions which maybe rectified by action of the dealer, he shall have seventy-five days inwhich to take such action and, within such seventy-five-day period, shallgive written notice to the supplier if and when such action is taken. If suchcondition or conditions have been rectified by action of the dealer, then theproposed amendment, termination, cancellation or nonrenewal shall be void andwithout legal effect. However, where the supplier contends that action on thepart of the dealer has not rectified one or more of such conditions, suchsupplier must give written notice thereof to the dealer within fifteen daysafter the dealer gave notice to the supplier of the action taken.
C. During the 120-day notice period provided for in subsection A the dealershall have the right to contract for a transfer of his business to anotherperson who meets the material and reasonable qualifications and standardsrequired by the supplier of its dealers. The dealer shall give notice of anysuch transfer to the supplier at least forty-five days prior to theexpiration of the 120-day notice period.
D. No notice shall be required and an agreement may be immediatelyterminated, amended, canceled or allowed to expire if the reason for theamendment, termination, cancellation or nonrenewal is:
1. The bankruptcy or receivership of the dealer;
2. An assignment for the benefit of the creditors or similar disposition ofthe assets of the business, other than the creation of a security interest inthe assets of a dealer for the purpose of securing financing in the ordinarycourse of business;
3. Willful or intentional misrepresentation made by the dealer with theexpress intent to defraud the supplier;
4. Failure of the dealer to conduct its customary sales and serviceoperations during its customary business hours for seven consecutive businessdays, unless such failure has resulted from acts of God, casualties, strikes,or other similar circumstances beyond the dealer's reasonable control;
5. Failure to pay any undisputed amount due the supplier continuing forthirty days after written notice thereof; or
