MXXX XXXEXXXXX, XX. DEALERSHIP IMAGE AND DESIGN Fourth As the point of customer contact with Oldsmobile Products, (the appearance and quality of dealership premises affects customer perception of Oldsmobile Products and Dealer. Dealer therefore agrees that its Dealership Premises will be properly equipped and maintained, and that the interior and exterior retail environment and signs will comply with any reasonable requirements and standards established by Oldsmobile to promote and preserve the image of Oldsmobile and its dealers. Oldsmobile will consult with and consider recommendations of the Board of Governance with respect to image requirements and standards. To assist Dealer, Oldsmobile will counsel and advise Dealer concerning facility appearance and design. ADVERTISING AND PROMOTIONAL ACTIVITY Fifth Oldsmobile and Dealer agree to promote Oldsmobile Products in the conduct of their business, refrain from any activity harmful to the reputation of Oldsmobile Products and maintain uniformly high standards of ethical advertising. Oldsmobile believes in and supports dealer marketing associations and encourages Dealer to support and participate in Dealer's local marketing association.
MXXX XXXEXXXXX, XX. Dealer agrees to assist CADILLAC in achieving its objectives and dedicates itself to pursue complete customer satisfaction. Dealer also agrees to uphold the CADILLAC image and comply with the provisions of this Agreement. Dealer acknowledges that to ensure success of the joint effort of CADILLAC and its dealers, Dealer participation is required. Dealer hereby agrees to allow its Dealer Operator to serve when requested on a Joint CADILLAC/Dealer Committee established in accordance with the provisions of the MANUAL. This participation may require travel or expenditures of time. In turn, CADILLAC commits to have appropriate management involvement in such committee. Fifth ----- CADILLAC and Dealer believe their commitment to the CADILLAC customer and their business goals and objectives, together with this Agreement, should minimize disputes between them. Nevertheless, CADILLAC and Dealer recognize that disputes may arise which cannot be resolved in the normal course. To resolve such disputes, a Joint Mediation Committee ("JMC") comprised of three dealer representatives and three CADILLAC representatives shall administer a dispute resolution process which shall be mandatory, but non-binding on either party. In the MANUAL, JMC shall govern the accessibility of the process and define the eligibility of disputes for mediation. Either Dealer or CADILLAC shall submit any eligible controversy which arises out of or relates to this Agreement to JMC as outlined in the MANUAL. JMC shall appoint a Mediation Panel to hear the dispute. The Panel shall consist of an equal number of dealer and CADILLAC representatives and an independent, professional mediator. The Mediation Panel shall evaluate each party's position and propose a recommended solution guided by this Agreement and the principles of fairness and equity. The parties may accept the proposed solution, consult with the Mediation Panel to develop an alternate solution, agree to a binding resolution procedure or pursue any other remedies available to them. This provision will apply solely to disputes between Dealer and CADILLAC. If Dealer is involved in identical disputes with CADILLAC and another General Motors Division(s), then the dispute resolution process of the Business Management Division, identified in Paragraph Seventh, will control. If either party initiates any action in court or an administrative agency in contravention of this Paragraph Fifth, that party will pay all attorneys' fees and litigation expens...
