Common use of INCAPACITY OF OWNER Clause in Contracts

INCAPACITY OF OWNER. The parties agree that, as used herein, incapacity shall refer to any physical or mental ailment that, in DISTRIBUTOR's opinion, adversely affects Owner's ability to meet his or her obligations under this Agreement. DISTRIBUTOR may terminate this Agreement when an incapacitated Owner also is the General Manager identified herein. Prior to the effective date of any notice of termination, an incapacitated Owner who is also the General Manager, or his or her legal representative, may propose a new candidate for the position of General Manager. Such proposal shall be in writing and shall suspend any pending notice of termination until DISTRIBUTOR advises DEALER of its approval or disapproval of the new candidate. Upon receipt of such notice, DISTRIBUTOR and DEALER shall follow the qualification procedures set forth in subsection (A) above.

INCAPACITY OF OWNER. The parties agree that, as used herein, incapacity shall refer to any physical or mental ailment that, in DISTRIBUTOR's 'S opinion, adversely affects Owner's OWNER'S ability to meet his or her obligations under this Agreement. DISTRIBUTOR may terminate this Agreement when an incapacitated Owner OWNER also is the General Manager identified herein. Prior to the effective date of any notice of termination, an incapacitated Owner OWNER who is also the General Manager, or his or her legal representative, may propose a new candidate for the position of General Manager. Such proposal shall be in writing and shall suspend any pending notice of termination until DISTRIBUTOR advises DEALER of its approval or disapproval of the new candidate. Upon receipt of such notice, DISTRIBUTOR and DEALER shall follow the qualification procedures set forth in subsection (A) A above.