Common use of DEALERSHIP LOCATION AND DEALERSHIP FACILITIES Clause in Contracts

DEALERSHIP LOCATION AND DEALERSHIP FACILITIES. A. DEALERSHIP FACILITIES --------------------- In accordance with the Market Area Plan, FAA and Dealer shall provide Dealership Facilities at each Dealership Location that are satisfactory in space, appearance, usage, layout and signage; and otherwise are substantially in accordance with the Guides therefor established by Nissan from time to time. Dealer shall conduct its Dealership Operations only from the Dealership Locations specified in the Dealership Facilities Addendum and shall use each such place of business only for the purposes specified therefor in the Dealership Facilities Addendum. Where applicable, Dealer shall establish additional Dealership Facilities in the time, place and manner agreed to by Dealer and Nissan in the Market Area Plan. Dealer agrees that the Dealership Facilities shall have a consistent image, appearance and name. B. DEALERSHIP FACILITIES ADDENDUM ------------------------------ FAA, Dealer and Nissan shall execute a Dealership Facilities Addendum which will include a description of each Dealership Location and each Dealership Facility as well as the approved use for each such place of business and facility. C. EXCLUSIVE NISSAN OPERATIONS --------------------------- FAA and Dealer agree that each Dealership Facility and Dealership Location shall be dedicated to the promotion of Nissan Products and devoted exclusively to the conduct of Nissan sales, service, parts and/or other operations as specified in the Dealership Facilities Addendum. Dealer shall not conduct any sales, service, parts and/or other operations for any other new line-make of vehicles at any of the Dealership Facilities or Dealership Locations.

DEALERSHIP LOCATION AND DEALERSHIP FACILITIES. A. DEALERSHIP FACILITIES --------------------- In accordance with the Market Area Plan, FAA and Dealer shall provide Dealership Facilities at each Dealership Location that are satisfactory in space, appearance, usage, layout and signage; and otherwise are substantially in accordance with the Guides therefor established by Nissan from time to time. Dealer shall conduct its Dealership Operations only from the Dealership Locations specified in the Dealership Facilities Addendum and shall use each such place of business only for the purposes specified therefor in the Dealership Facilities Addendum. Where applicable, Dealer shall establish additional Dealership Facilities in the time, place and manner agreed to by Dealer and Nissan in the Market Area Plan. Dealer agrees that the Dealership Facilities shall have a consistent image, appearance and name. B. DEALERSHIP FACILITIES ADDENDUM ------------------------------ FAA, Dealer and Nissan shall execute a Dealership Facilities Addendum which will include a description of each Dealership Location and each Dealership Facility as well as the approved use for each such place of business and facility. C. EXCLUSIVE NISSAN OPERATIONS --------------------------- FAA and Dealer agree that each Dealership Facility and Dealership Location shall be dedicated to the promotion of Nissan Products and devoted exclusively to the conduct of Nissan sales, service, parts and/or other operations as specified in the Dealership Facilities Addendum. Dealer shall not conduct any sales, service, parts and/or other operations for any other new line-make of vehicles at any of the Dealership Facilities or Dealership Locations. D. EAST BAY CMO OBLIGATIONS ------------------------ FAA shall develop, and Dealer shall devote its full efforts to developing the East Bay CMO. Consequently, Dealer agrees that it will not engage, either directly or indirectly, in any of the activities contemplated by the CMO Agreement from facilities or locations outside of the East Bay CMO. If Dealer fails to develop the East Bay CMO according to its Market Area Plan or to implement the plans or meet the performance standards established in the Business Plan, then Nissan, will provide written notice specifying the default and a reasonable period of at least 45 days within which to cure the default. Should the 45 day cure period expire without material remedy of the breach, Nissan may (i) terminate the CMO Agreement under Paragraph 11 hereof, (ii) restructure the East Bay CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the East Bay CMO, or (iii) exercise its option to purchase under Paragraph 10.C hereof.

DEALERSHIP LOCATION AND DEALERSHIP FACILITIES. A. DEALERSHIP FACILITIES --------------------- In accordance with the Market Area Plan, FAA and Dealer shall provide Dealership Facilities at each Dealership Location that are satisfactory in space, appearance, usage, layout and signage; and otherwise are substantially in accordance with the Guides therefor established by Nissan from time to time. Dealer shall conduct its Dealership Operations only from the Dealership Locations specified in the Dealership Facilities Addendum and shall use each such place of business only for the purposes specified therefor in the Dealership Facilities Addendum. Where applicable, Dealer shall establish additional Dealership Facilities in the time, place and manner agreed to by Dealer and Nissan in the Market Area Plan. Dealer agrees that the Dealership Facilities shall have a consistent image, appearance and name. B. DEALERSHIP FACILITIES ADDENDUM ------------------------------ FAA, Dealer and Nissan shall execute a Dealership Facilities Addendum which will include a description of each Dealership Location and each Dealership Facility as well as the approved use for each such place of business and facility. C. EXCLUSIVE NISSAN OPERATIONS --------------------------- FAA and Dealer agree that each Dealership Facility and Dealership Location shall be dedicated to the promotion of Nissan Products and devoted exclusively to the conduct of Nissan sales, service, parts and/or other operations as specified in the Dealership Facilities Addendum. Dealer shall not conduct any sales, service, parts and/or other operations for any other new line-make of vehicles at any of the Dealership Facilities or Dealership Locations, unless specifically approved, in writing, by Nissan. D. PENINSULA CMO OBLIGATIONS ------------------------ FAA shall develop, and Dealer shall devote its full efforts to developing the Peninsula CMO. Consequently, Dealer agrees that it will not engage, either directly or indirectly, in any of the activities contemplated by the CMO Agreement from facilities or locations outside of the Peninsula CMO. If Dealer fails to develop the Peninsula CMO according to its Market Area Plan or to implement the plans or meet the performance standards established in the Business Plan, then Nissan, will provide written notice specifying the default and a reasonable period of at least 45 days within which to cure the default. Should the 45 day cure period expire without material remedy of the breach, Nissan may (i) terminate the CMO Agreement under Paragraph 11 hereof, (ii) restructure the Peninsula CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the Peninsula CMO, or (iii) exercise its option to purchase under Paragraph 10.C hereof.