Judicial Remedies. If a xxxxxx engages in conduct prohibited under this chapter, a wholesaler, with whom the xxxxxx has an agreement pursuant to this chapter, may maintain a suit against the xxxxxx. The venue of any legal action taken under this section, or pursuant to a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement, is a court, state or federal, located in North Dakota, or where the wholesaler maintains its principal place of business in this state. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, declaratory judgment and injunctive relief. The court may award actual damages and costs. If the court finds the xxxxxx has acted in bad faith in invoking amendment, termination, cancellation, or nonrenewal under this chapter or has unreasonably withheld its consent to any assignment, transfer, or sale of the wholesaler's agreement, the court may also award reasonable attorney's fees.
Appears in 7 contracts
Samples: Beer Wholesaler and Brewer Agreement, Beer Wholesaler and Brewer Agreement, Beer Wholesaler and Brewer Agreement
