DISPOSITION OF THE DEALER'S ASSETS. In view of the nature, purposes and objectives of the Company's Dealer Sales and Service Agreements, and the differences in operating requirements among dealerships of differing sizes and types of markets, the Company expressly reserves the right to select the dealers with whom it will enter into such agreements so as to maintain as high quality a dealer organization as possible. In the event this agreement is terminated or not renewed by either party or if the Dealer plans to terminate or not renew this agreement, the Company acknowledges that the Dealer has the right to negotiate for the sale of the assets of the Dealer at such price as may be agreed upon by the Dealer and the prospective purchaser. In turn, the Dealer acknowledges that the Company has the right to approve or decline to approve any prospective purchaser as to his character, automotive experience, management, capital and other qualifications for appointment as an authorized dealer in IMPORTED PRODUCTS for the dealership operations involved. Approval by the Company of the prospective purchaser shall not, however, be unreasonably withheld. If, in the opinion of the Company, the price to be paid for such assets appears, on the basis of the average operating results of other dealers, to result in an unsatisfactory return on investment so that such prospective purchaser (i) may not remain as a dealer, or (ii) may be impelled to sell IMPORTED PRODUCTS at high noncompetitive prices with a probable reduction in sales volume, the Company may without liability to the Dealer, counsel with such prospective purchaser regarding such opinions.
Appears in 1 contract
Samples: Lithia Motors Inc
DISPOSITION OF THE DEALER'S ASSETS. 24. In view of the nature, purposes and objectives of the Company's Dealer Sales and Service Agreements, and the differences in operating requirements among dealerships of differing sizes and types of markets, the Company expressly reserves the right to select the dealers with whom it will enter into such agreements so as to maintain as high quality a dealer organization as possible. In the event this agreement is terminated or not renewed by either party or if the Dealer plans to terminate or not renew this agreement, the Company acknowledges that the Dealer has the right to negotiate for the sale of the assets of the Dealer at such price as may be agreed upon by the Dealer and the prospective purchaser. In turn, the Dealer acknowledges that the Company company has the right to approve or decline to approve any prospective purchaser as to his character, automotive experience, management, capital and other qualifications for appointment as an authorized dealer in IMPORTED COMPANY PRODUCTS for the dealership operations DEALERSHIP OPERATIONS involved. Approval by the Company of the prospective purchaser shall not, however, be unreasonably withheld. If, in the opinion of the Company, the price to be paid for such assets appears, on the basis of the average operating results of other dealers, to result in an unsatisfactory return on investment so that such prospective purchaser (i1) may not remain as a dealer, or (ii2) may be impelled to sell IMPORTED COMPANY PRODUCTS at high noncompetitive prices with a probable reduction in sales volume, the Company may may, without liability to the Dealer, counsel with such prospective purchaser regarding such opinions.. NEW AGREEMENT
Appears in 1 contract
Samples: Sales and Service Agreement (Sunbelt Automotive Group Inc)
DISPOSITION OF THE DEALER'S ASSETS. 24. In view of the nature, purposes and objectives of the Company's Dealer Sales and Service Agreements, and the differences in operating requirements among dealerships of differing sizes and types of markets, the Company expressly reserves the right to select the dealers with whom it will enter into such agreements so as to maintain as high quality a dealer organization as possible. In the event this agreement is terminated or not renewed by either party or if the Dealer plans to terminate or not renew this agreement, the Company acknowledges that the Dealer has the right to negotiate for the hte sale of the assets of the Dealer at such price as may be agreed upon by the Dealer and the prospective purchaser. In turn, the Dealer acknowledges that the Company has the right to approve or decline to approve any prospective purchaser as to his character, automotive experience, management, capital and other qualifications for appointment as an authorized dealer in IMPORTED COMPANY PRODUCTS for the dealership operations DEALERSHIP OPERATIONS involved. Approval by the Company of the prospective purchaser shall not, however, be unreasonably withheld. If, in the opinion of the Company, the price to be paid for such assets appears, on the basis of the average operating results of other dealers, to result in an unsatisfactory return on investment so that such prospective purchaser (i1) may not remain as a dealer, or (ii2) may be impelled to sell IMPORTED COMPANY PRODUCTS at high noncompetitive prices with a probable reduction in sales volume, the Company may may, without liability to the Dealer, counsel with such prospective purchaser regarding such opinions.. NEW AGREEMENT
Appears in 1 contract
Samples: Sunbelt Automotive Group Inc
DISPOSITION OF THE DEALER'S ASSETS. 24. In view of the nature, purposes and objectives of the Company's Dealer Sales and Service Agreements, and the differences in operating requirements among dealerships of differing sizes and types of markets, the Company expressly reserves the right to select the dealers with whom it will enter into such agreements so as to maintain as high quality a dealer organization as possible. In the event this agreement is terminated or not renewed by either party or if the Dealer plans to terminate or not renew this agreement, the Company acknowledges that the Dealer has the right to negotiate for the sale of the assets of the Dealer at such price as may be agreed upon by the Dealer and the prospective purchaser. In turn, the Dealer acknowledges that the Company has the right to approve or decline to approve any prospective purchaser as to his character, automotive experience, management, capital and other qualifications for appointment as an authorized dealer in IMPORTED COMPANY PRODUCTS for the dealership operations DEALERSHIP OPERATIONS involved. Approval by the Company of the prospective purchaser shall not, however, be unreasonably withheld. If, in the opinion of the Company, the price to be paid for such assets appears, on the basis of the average operating results of other dealers, to result in an unsatisfactory return on investment so that such prospective purchaser (i1) may not remain as a dealer, or (ii2) may be impelled to sell IMPORTED COMPANY PRODUCTS at high noncompetitive prices with a probable reduction in sales volume, the Company may may, without liability to the Dealer, counsel with such prospective purchaser regarding such opinions.. NEW AGREEMENT
Appears in 1 contract
Samples: Sales and Service Agreement (Sunbelt Automotive Group Inc)