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 MBUSA's opinion, adversely affects an Owner's ability to meet his or her obligations under this Agreement. MBUSA may terminate this Agreement when an incapacitated Owner also is the Retailer Operator identified herein. Prior to the effective date of any notice of termination, an incapacitated Owner who is also the Retailer Operator, or his or her legal representative, may propose a new candidate for the position of Retailer Operator. Such proposal shall be in writing and shall suspend any pending notice of termination until MBUSA advises Retailer of its approval or disapproval of the new candidate. Upon receipt of such notice, MBUSA and Retailer shall follow the qualification procedures set forth in Section X.A.

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