Termination of Franchise Agreements. A franchisor may not, directly or through any officer, agent or employee, terminate, cancel or fail to renew a franchise agreement, except for good cause. For purposes of this section, "good cause " includes, but is not limited to: A. With respect to franchise agreements in which the franchisor leases real property and improvements to the franchisee: (1) The sale or lease of the real property and improvements by the franchisor to other than a subsidiary or affiliate of the franchisor for any use; (2) The sale or lease of the real property and improvements to a subsidiary or affiliate of the franchisor for a purpose other than the wholesale distribution or the retail sale of motor fuels; (3) The conversion of the real property and improvements to a use other than the wholesale distribution or the retail sale of motor fuels; or (4) The lawful termination of lease, license or other nonownership under which the franchisor is entitled to possession or control of the real property and improvements; [PL 2013, c. 219, §5 (AMD).] B. Mutual agreement of the franchisor and franchisee to terminate, cancel or not renew the franchise agreement; [PL 2013, c. 219, §5 (AMD).] C. Criminal misconduct or a violation of law relating to the business or premises of the franchisee; [PL 2013, c. 219, §5 (AMD).] X. Xxxxx, which includes but is not limited to the following: (1) Adulteration of the franchisor's products; (2) Commingling of funds; (3) Misleading consumers or misbranding gasoline; (4) Trademark violations; (5) Intentionally overcharging or deceiving customers as to repairs that are not needed; and (6) Intentionally deceiving the franchisor regarding a term of the term of the lease; [PL 2013, c. 219, §5 (AMD).] E. Failure of the franchisee to open for business for 5 consecutive days, exclusive of holidays and reasonable vacation and sick days; [PL 2013, c. 219, §5 (AMD).] F. Bankruptcy or insolvency of the franchisee; [PL 2013, c. 219, §5 (AMD).] G. Nonpayment of rent or loss by the franchisor of its legal right to grant possession of leased premises to the franchisee; [PL 2013, c. 219, §5 (AMD).] H. Public condemnation or other public taking; and [PL 2013, c. 219, §5 (AMD).] I. Substantial noncompliance with the obligations of the franchise agreement. [PL 1975, c. 623, §6-D (NEW).] [PL 2013, c. 219, §5 (AMD).]
Appears in 3 contracts
Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement
Termination of Franchise Agreements. A franchisor may not, directly or through any officer, agent or employee, terminate, cancel or fail to renew a franchise agreement, except for good cause. For purposes of this section, "good cause " includes, but is not limited to:
A. With respect to franchise agreements in which the franchisor leases real property and improvements to the franchisee:
(1) The sale or lease of the real property and improvements by the franchisor to other than a subsidiary or affiliate of the franchisor for any use;
(2) The sale or lease of the real property and improvements to a subsidiary or affiliate of the franchisor for a purpose other than the wholesale distribution or the retail sale of motor fuels;
(3) The conversion of the real property and improvements to a use other than the wholesale distribution or the retail sale of motor fuels; or
(4) The lawful termination of lease, license or other nonownership under which the franchisor is entitled to possession or control of the real property and improvements; [PL 2013, c. 219, §5 (AMD).]
B. Mutual agreement of the franchisor and franchisee to terminate, cancel or not renew the franchise agreement; [PL 2013, c. 219, §5 (AMD).]
C. Criminal misconduct or a violation of law relating to the business or premises of the franchisee; [PL 2013, c. 219, §5 (AMD).]
X. XxxxxD. Fraud, which includes but is not limited to the following:
(1) Adulteration of the franchisor's products;
(2) Commingling of funds;
(3) Misleading consumers or misbranding gasoline;
(4) Trademark violations;
(5) Intentionally overcharging or deceiving customers as to repairs that are not needed; and
(6) Intentionally deceiving the franchisor regarding a term of the term of the lease; [PL 2013, c. 219, §5 (AMD).]
E. Failure of the franchisee to open for business for 5 consecutive days, exclusive of holidays and reasonable vacation and sick days; [PL 2013, c. 219, §5 (AMD).]
F. Bankruptcy or insolvency of the franchisee; [PL 2013, c. 219, §5 (AMD).]
G. Nonpayment of rent or loss by the franchisor of its legal right to grant possession of leased premises to the franchisee; [PL 2013, c. 219, §5 (AMD).]
H. Public condemnation or other public taking; and [PL 2013, c. 219, §5 (AMD).]
I. Substantial noncompliance with the obligations of the franchise agreement. [PL 1975, c. 623, §6-D (NEW).] [PL 2013, c. 219, §5 (AMD).]] 11.02.2023 2 | §1454. Franchised dealers and distributors Generated
Appears in 1 contract
Samples: Franchise Agreement
Termination of Franchise Agreements. A franchisor may not, directly or through any officer, agent or employee, terminate, cancel or fail to renew a franchise agreement, except for good cause. For purposes of this section, "good cause " includes, but is not limited to:
A. With respect to franchise agreements in which the franchisor leases real property and improvements to the franchisee:
(1) The sale or lease of the real property and improvements by the franchisor to other than a subsidiary or affiliate of the franchisor for any use;
(2) The sale or lease of the real property and improvements to a subsidiary or affiliate of the franchisor for a purpose other than the wholesale distribution or the retail sale of motor fuels;
(3) The conversion of the real property and improvements to a use other than the wholesale distribution or the retail sale of motor fuels; or
(4) The lawful termination of lease, license or other nonownership under which the franchisor is entitled to possession or control of the real property and improvements; [PL 2013, c. 219, §5 (AMD).]
B. Mutual agreement of the franchisor and franchisee to terminate, cancel or not renew the franchise agreement; [PL 2013, c. 219, §5 (AMD).]
C. Criminal misconduct or a violation of law relating to the business or premises of the franchisee; [PL 2013, c. 219, §5 (AMD).]
X. XxxxxD. Fraud, which includes but is not limited to the following:
(1) Adulteration of the franchisor's products;
(2) Commingling of funds;
(3) Misleading consumers or misbranding gasoline;
(4) Trademark violations;
(5) Intentionally overcharging or deceiving customers as to repairs that are not needed; and
(6) Intentionally deceiving the franchisor regarding a term of the term of the lease; [PL 2013, c. 219, §5 (AMD).]
E. Failure of the franchisee to open for business for 5 consecutive days, exclusive of holidays and reasonable vacation and sick days; [PL 2013, c. 219, §5 (AMD).]
F. Bankruptcy or insolvency of the franchisee; [PL 2013, c. 219, §5 (AMD).]
G. Nonpayment of rent or loss by the franchisor of its legal right to grant possession of leased premises to the franchisee; [PL 2013, c. 219, §5 (AMD).]
H. Public condemnation or other public taking; and [PL 2013, c. 219, §5 (AMD).]
I. Substantial noncompliance with the obligations of the franchise agreement. [PL 1975, c. 623, §6-D (NEW).] [PL 2013, c. 219, §5 (AMD).]] 11.18.2021 2 | §1454. Franchised dealers and distributors Generated
Appears in 1 contract
Samples: Franchise Agreement
Termination of Franchise Agreements. A franchisor may not, directly or through any officer, agent or employee, terminate, cancel or fail to renew a franchise agreement, except for good cause. For purposes of this section, "good cause " includes, but is not limited to:
A. With respect to franchise agreements in which the franchisor leases real property and improvements to the franchisee:
(1) The sale or lease of the real property and improvements by the franchisor to other than a subsidiary or affiliate of the franchisor for any use;
(2) The sale or lease of the real property and improvements to a subsidiary or affiliate of the franchisor for a purpose other than the wholesale distribution or the retail sale of motor fuels;
(3) The conversion of the real property and improvements to a use other than the wholesale distribution or the retail sale of motor fuels; or
(4) The lawful termination of lease, license or other nonownership under which the franchisor is entitled to possession or control of the real property and improvements; [PL 2013, c. 219, §5 (AMD).]
B. Mutual agreement of the franchisor and franchisee to terminate, cancel or not renew the franchise agreement; [PL 2013, c. 219, §5 (AMD).]
C. Criminal misconduct or a violation of law relating to the business or premises of the franchisee; [PL 2013, c. 219, §5 (AMD).]
X. XxxxxD. Fraud, which includes but is not limited to the following:
(1) Adulteration of the franchisor's products;
(2) Commingling of funds;
(3) Misleading consumers or misbranding gasoline;
(4) Trademark violations;
(5) Intentionally overcharging or deceiving customers as to repairs that are not needed; and
(6) Intentionally deceiving the franchisor regarding a term of the term of the lease; [PL 2013, c. 219, §5 (AMD).]
E. Failure of the franchisee to open for business for 5 consecutive days, exclusive of holidays and reasonable vacation and sick days; [PL 2013, c. 219, §5 (AMD).]
F. Bankruptcy or insolvency of the franchisee; [PL 2013, c. 219, §5 (AMD).]
G. Nonpayment of rent or loss by the franchisor of its legal right to grant possession of leased premises to the franchisee; [PL 2013, c. 219, §5 (AMD).]
H. Public condemnation or other public taking; and [PL 2013, c. 219, §5 (AMD).]
I. Substantial noncompliance with the obligations of the franchise agreement. [PL 1975, c. 623, §6-D (NEW).] [PL 2013, c. 219, §5 (AMD).]] 11.25.2020 2 | §1454. Franchised dealers and distributors Generated
Appears in 1 contract
Samples: Franchise Agreement