Common use of Death or Incapacity of Dealer Principals Clause in Contracts

Death or Incapacity of Dealer Principals. In the event of the death or incapacity of any person listed in Schedule A or in the Stock Ownership Certificate (“Dealer Principal(s)”), Dealer shall provide Case IH: (a) notice of such occurrence within thirty (30) days; and (b) within ninety (90) days of such occurrence, an ownership or management succession plan for the replacement of such deceased or incapacitated Dealer Principal(s), if Dealer proposes to continue operation under this Agreement. Case IH retains sole discretion whether to approve Dealer’s proposed succession plan or terminate the Agreement.

Death or Incapacity of Dealer Principals. In the event of the death or incapacity of any person listed in Schedule A or in the Stock Ownership Certificate (“Dealer Principal(s)”), Dealer shall provide Case IH: (a) notice of such occurrence within thirty (30) days; and (b) IH within ninety (90) days of such occurrence, an ownership or management succession plan for the replacement of such deceased or incapacitated Dealer Principal(s), if Dealer proposes to continue operation under this Agreement. Case IH retains sole discretion whether to may approve or deny Dealer’s proposed succession plan or terminate in its reasonable discretion. 5. Section 4.6 of the Agreement.Agreement is replaced in its entirety with the following:

Death or Incapacity of Dealer Principals. In the event of the death or incapacity of any person listed in Schedule A or in the Stock Ownership Certificate (“Dealer Principal(s)”), Dealer shall provide Case IHCase: (a) notice of such occurrence within thirty (30) days; and (b) within ninety (90) days of such occurrence, an ownership or management succession plan for the replacement of such deceased or incapacitated Dealer Principal(s), if Dealer proposes to continue operation under this Agreement. Case IH retains sole discretion whether to approve Dealer’s proposed succession plan or terminate the Agreement.