NEW AND SUPERSEDING AGREEMENTS Clause Samples
NEW AND SUPERSEDING AGREEMENTS. In the event a new and superseding form of distributor agreement is offered by Company to Detroit Diesel Distributors generally at any time prior to the expiration of the term of this Agreement, Company may terminate this Agreement by prior written notice to Distributor, provided Company offers Distributor a new agreement in the new and superseding form for a term of not less than the then unexpired term of this Agreement. Unless otherwise agreed in writing, the rights and obligations of Distributor that may become applicable upon any termination or expiration of the term of this Agreement shall not be applicable in the event of the execution by Company and Distributor of any new and superseding agreement. The matured rights and obligations of the parties hereunder shall continue under the new agreement. Distributor’s performance under any prior agreements may be considered in an evaluation of Distributor’s performance under this, or any succeeding, agreement.
NEW AND SUPERSEDING AGREEMENTS. In addition to any of the above-contemplated changes, in the event COMPANY adopts any new and superseding form of dealer agreement for use by its dealers in one or more particular states or in the system generally, or in the event of a material change in applicable law, COMPANY may, by written notice to DEALER, replace this Agreement with a new agreement in a new and superseding form. Upon adoption by COMPANY of any such new and superseding dealer agreement, DEALER will promptly comply with all obligations provided for in such agreement.