Common use of Distribution during arbitration Clause in Contracts

Distribution during arbitration. Notwithstanding any provision of this Title to the contrary or the terms, conditions or other provisions of any agreement, when a small beer manufacturer or a small hard cider manufacturer makes a triggering change to an agreement, the small beer manufacturer or the small hard cider manufacturer may immediately: A. If the small beer manufacturer is a small brewery, sell the affected brand or brands of malt liquor directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 3, paragraph B, subparagraph (2); [PL 2019, c. 529, §9 (NEW).] B. If the small hard cider manufacturer is a small winery, sell the affected brand or brands of hard cider directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 4, paragraph B, subparagraph (1); [PL 2019, c. 529, §9 (NEW).] C. Appoint one or more new wholesale licensees to sell the affected brand or brands of malt liquor or hard cider in all or any portion of the territory of the wholesale licensee subject to the triggering change; or [PL 2019, c. 529, §9 (NEW).] D. Engage in any combination of actions described in paragraphs A, B and C, if applicable. [PL 2019, c. 529, §9 (NEW).] [PL 2019, c. 529, §9 (AMD).] SECTION XXXXXXX XX 0000, x. 00, §X0 (XXX). PL 2019, c. 529, §9 (AMD). 1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. [PL 1987, c. 45, Pt. A, §4 (NEW).]

Distribution during arbitration. Notwithstanding any provision of this Title to the contrary or the terms, conditions or other provisions of any agreement, when a small beer manufacturer or a small hard cider manufacturer makes a triggering change to an agreement, the small beer manufacturer or the small hard cider manufacturer may immediately: A. If the small beer manufacturer is a small brewery, sell the affected brand or brands of malt liquor directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 3, paragraph B, subparagraph (2); [PL 2019, c. 529, §9 (NEW).] B. If the small hard cider manufacturer is a small winery, sell the affected brand or brands of hard cider directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 4, paragraph B, subparagraph (1); [PL 2019, c. 529, §9 (NEW).] C. Appoint one or more new wholesale licensees to sell the affected brand or brands of malt liquor or hard cider in all or any portion of the territory of the wholesale licensee subject to the triggering change; or [PL 2019, c. 529, §9 (NEW).] D. Engage in any combination of actions described in paragraphs A, B and C, if applicable. [PL 2019, c. 529, §9 (NEW).] [PL 2019, c. 529, §9 (AMD).] SECTION XXXXXXX XX 0000, x. 00, §X0 (XXX). PL 2019, c. 529, §9 (AMD). 1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. [PL 1987, c. 45, Pt. A, §4 (NEW).]

Distribution during arbitration. Notwithstanding any provision of this Title to the contrary or the terms, conditions or other provisions of any agreement, when a small beer manufacturer or a small hard cider manufacturer makes a triggering change to an agreement, the small beer manufacturer or the small hard cider manufacturer may immediately: A. If the small beer manufacturer is a small brewery, sell the affected brand or brands of malt liquor directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 3, paragraph B, subparagraph (2); [PL 2019, c. 529, §9 (NEW).] B. If the small hard cider manufacturer is a small winery, sell the affected brand or brands of hard cider directly to retail licensees in the wholesale licensee's territory in accordance with section 1355‑A, subsection 4, paragraph B, subparagraph (1); [PL 2019, c. 529, §9 (NEW).] C. Appoint one or more new wholesale licensees to sell the affected brand or brands of malt liquor or hard cider in all or any portion of the territory of the wholesale licensee subject to the triggering change; or [PL 2019, c. 529, §9 (NEW).] D. Engage in any combination of actions described in paragraphs A, B and C, if applicable. [PL 2019, c. 529, §9 (NEW).] [PL 2019, c. 529, §9 (AMD).] SECTION XXXXXXX XX 0000, x. 00, §X0 (XXX). PL 2019, c. 529, §9 (AMD). PL 2021, c. 658, §259 (AMD). 1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. [PL 1987, c. 45, Pt. A, §4 (NEW).]