Common use of MARKET REPRESENTATION Clause in Contracts

MARKET REPRESENTATION. a. Without liability to Dealer, the Company may determine the numbers, locations and sizes of Company dealers necessary for adequate PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers designated PMR or appoint additional Company dealers in PRODUCTS within that PMR or elsewhere. Notwithstanding any other provision of this Agreement, the decision whether to alter Dealers designated PMR or to establish a new or additional Company Dealer shall be made by the Company solely upon its own business judgment. Nothing in this Agreement shall be construed as requiring Dealer’s consent to the establishment of a new or additional Dealer in any area where the Dealer markets or sell PRODUCTS or elsewhere. b. The Company may make gifts or loans of PRODUCT to others within Dealer’s designated PMR or otherwise without liability to Dealer. The Company also may offer any PRODUCTS including new, modified and differently designed PRODUCT, bearing any trademarks or trade names to which the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreement without liability to Dealer, and without undertaking any obligation to make such PRODUCTS available to the Dealer. c. In view of the personal nature of this Agreement, the rights and privileges conferred on Dealer under this Agreement are not transferable, assignable or salable by Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to Dealer under this Agreement. The Company may select the dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of Dealer upon the termination of this Agreement or otherwise. Dealer shall give the Company sixty (60) days written notice of Dealers intention to transfer or sell the shares or assets of the dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to Dealer, the Company may determine the numbers, locations and sizes of Company dealers necessary for adequate PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter after Dealers designated PMR or appoint additional Company dealers in PRODUCTS within that PMR or elsewhere. Notwithstanding any other provision of this Agreement, the decision whether to alter Dealers designated PMR or to establish a new or additional Company Dealer shall be made by the Company solely upon its own business judgment. Nothing in this Agreement shall be construed as requiring Dealer’s Dealers consent to the establishment of a new or additional Dealer in any area where the Dealer markets or sell PRODUCTS or elsewhere. b. The Company may make gifts or loans of PRODUCT to others within Dealer’s Dealers designated PMR or otherwise without liability to Dealer. The Company also may offer any PRODUCTS including new, modified and differently designed PRODUCT, bearing any trademarks or trade names to which the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreement without liability to Dealer, and without undertaking any obligation to make such PRODUCTS available to the Dealer. c. In view of the personal nature of this Agreement, the rights and privileges conferred on Dealer under this Agreement are not transferable, assignable or salable by Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to Dealer under this Agreement. The Company may select the dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of Dealer upon the termination of this Agreement or otherwise. Dealer shall give the Company sixty (60) days written notice of Dealers intention to transfer or sell the shares or assets of the dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to the Dealer, the Company New Holland Construction may determine the numbers, locations and sizes of Company dealers Dealers necessary for adequate PRODUCTS, PRODUCTS sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers designated PMR or appoint additional Company dealers Dealers in PRODUCTS within that the Dealer’s PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to establish an additional Dealer or alter Dealers designated the Dealer’s PMR or to establish a new or additional Company Dealer shall be made by the Company New Holland Construction solely upon its own business judgment. Nothing , and nothing in this Agreement shall be construed as requiring Dealer’s the Dealers consent to the establishment of a new or an additional Dealer in any area where or the Dealer markets or sell PRODUCTS or elsewherealtering of Dealer’s PMR. b. The Company New Holland Construction may make gifts gifts, sales, loans, rentals or loans leases of PRODUCT PRODUCTS to others within the Dealer’s designated PMR or otherwise without liability to the Dealer. The Company New Holland Construction also may offer any PRODUCTS including new, modified different and differently designed PRODUCTproduct, bearing any trademarks or trade names to which the Company New Holland Construction or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreement agreements without any liability to Dealer, and without undertaking any obligation to make such PRODUCTS available to the Dealer. c. . In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. The Company New Holland Construction may select the dealers Dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give the Company sixty (60) New Holland Construction 60 days written notice of Dealers Dealer’s intention to transfer or sell the shares or assets of the dealership. d. dealer. The Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to Dealer, the Company may determine the numbers, locations and sizes of Company dealers necessary for adequate PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers designated PMR or appoint additional Company dealers in PRODUCTS within that PMR or elsewhere. Notwithstanding any other provision of this Agreement, the decision whether to alter Dealers Dealer’s designated PMR or to establish a new or additional Company Dealer shall be made by the Company solely upon its own business judgment. Nothing in this Agreement shall be construed as requiring Dealer’s Dealers consent to the establishment of a new or additional Dealer in any area where the Dealer markets or sell PRODUCTS or elsewhere. b. The Company may make gifts or loans of PRODUCT to others within Dealer’s Dealers designated PMR or otherwise without liability to Dealer. The Company also may offer any PRODUCTS including new, modified and differently designed PRODUCT, bearing any trademarks or trade names to which the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreement without liability to Dealer, and without undertaking any obligation to make such PRODUCTS available to the Dealer. c. In view of the personal nature of this Agreement, the rights and privileges conferred on Dealer under this Agreement are not transferable, assignable or salable by Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to Dealer under this Agreement. The Company may select the dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of Dealer upon the termination of this Agreement or otherwise. Dealer shall give the Company sixty (60) days written notice of Dealers Dealer’s intention to transfer or sell the shares or assets of the dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to Dealer, the Company may determine the numbers, locations and sizes of Company dealers necessary for adequate PRODUCTS, PRODUCTS sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers Dealer’s designated PMR or appoint additional Company dealers in PRODUCTS within that PMR or elsewhere. Notwithstanding any other provision of this Agreement, the decision whether to alter Dealers Dealer’s designated PMR or to establish a new or additional Company Dealer shall be made by the Company solely upon its own business judgment. Nothing in this Agreement shall be construed as requiring Dealer’s consent to the establishment of a new or additional Dealer in any area where the Dealer markets or sell sells PRODUCTS or elsewhere. b. The Company may make gifts or loans of PRODUCT to others within Dealer’s designated PMR or otherwise without liability to Dealer. The Company also may offer any PRODUCTS including new, modified and differently designed PRODUCT, bearing any trademarks or trade names to which the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreement agreements without liability to Dealer, and without undertaking any obligation to make such PRODUCTS available to the Dealer. c. In view of the personal nature of this Agreement, the rights and privileges conferred on Dealer under this Agreement are not transferable, assignable or salable by Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to Dealer under this Agreement. The Company may select the dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of Dealer upon the termination of this Agreement or otherwise. Dealer shall give the Company sixty (60) 60 days written notice of Dealers Dealer’s intention to transfer or sell the shares or assets of the dealership. d. Dealer has not paid any fee for this Agreement.