EXHIBIT 10.6.2
FORD AMENDMENT TO SALES AND SERVICE AGREEMENT
LINCOLN-MERCURY DIVISION
Oakland District
MERCURY SALES AND SERVICE AGREEMENT Dated: 12/28/79
LINCOLN SALES AND SERVICE AGREEMENT Dated: 12/28/79
___________________________________ Dated: ___________
___________________________________ Dated:____________
SUPPLEMENTAL AGREEMENT made as of the [22nd] day of [May], [1989], by and
between
Lithia Motors, Inc.
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(NAME OF ENTITY)
Corporation Oregon
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(STATE WHETHER AN INDIVIDUAL, (IF THE LATTER, SHOW NAME OF STATE
PARTNERSHIP OR CORPORATION.) IN WHICH INCORPORATED.)
doing business as Lithia Lincoln-Mercury
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(TRADE NAME)
and with a principal place of business at 000 Xxxx Xxxxxxx
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(STREET ADDRESS)
Medford Xxxxxxx Xxxxxx 00000
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(CITY) (COUNTY) (STATE) (ZIP CODE)
(hereinafter called the "Dealer") and Ford Motor Company, a Delaware corporation
with its principal place of business at Dearborn, Michigan (hereinafter called
the "Company").
The parties hereto have previously entered into the above designated Sales
and Service Agreements (hereinafter "Agreements") and now desire to make certain
changes therein.
NOW, THEREFORE, in consideration of these premises, the parties hereto
mutually agree that said Agreements be amended by changing Paragraph F to read
as follows:
F. In view of the personal nature of these Agreements and their
objectives and purposes, the Company expressly reserves to itself the right to
execute said Agreements with individuals or other entities specifically selected
and approved by the Company. Accordingly, these Agreements and the rights and
privileges conferred on the Dealer hereunder 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 these Agreements. These
Agreements have been entered into by the Company with the Dealer in reliance
(i) upon the representation and agreement that the following person(s), and only
the following person(s), shall be the principal owner of the Dealer:
HOME PERCENTAGE
NAME ADDRESS OF INTEREST
Xxxxxx X. XxXxxx 000 X. Xxxxx Xxxxxxx, XX 00000 62.5%
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Xxxxxxx X. Xxxxxxx 000 Xxxxxxxxx Xxxxxx Xxxxxxx, XX 00000 37.5%
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(ii) upon the representation and agreement that the following person(s), and
only the following person(s), shall have full managerial authority for the
operating management of the Dealer in the performance of this agreement:
HOME
NAME ADDRESS TITLE
Xxxxxx X. XxXxxx 000 X. Xxxxx Xxxxxxx, XX 00000 President
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Xxxxxxx X. Xxxxxxx 000 Xxxxxxxxx Xxxxxx Xxxxxxx, XX 00000 Manager
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and (iii) upon the representation and agreement that the following person(s),
and only the following person(s), shall be the remaining owners of the Dealer:
HOME PERCENTAGE
NAME ADDRESS OF INTEREST
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The Dealer shall give the Company prior notice of any proposed change in the
said ownership or managerial authority of said Dealer, and immediate notice of
the death or incapacity of any such person. No such change or notice, and no
amendment or assignment of these Agreements or of any right or interest herein,
shall be effective against the Company unless and until embodied in an
appropriate amendment to or assignment of these Agreements as the case may be,
duly executed and delivered by the Company and by the Dealer. The Company shall
not unreasonably withhold its consent to any such change. If the Company's
restriction regarding amendment or assignment of these Agreements is illegal
under a valid law of any jurisdiction where such change is to take place, this
amendment will be modified to the minimum extent necessary to comply with such
law if it was effective on the date of execution of these Agreements.
This Supplemental Agreement is subject to all the terms and conditions contained
in said Agreements, except insofar as such terms and conditions may be
inconsistent with the express terms hereof.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written and the Company is authorized to deliver the same
to the Dealer by placing the Dealer's copy thereof in the United States Mail,
duly stamped and addressed to the Dealer at his principal place of business, or
by delivery to such place of business or to the Dealer in person.
FORD MOTOR COMPANY MEDFORD LINCOLN-MERCURY
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(DEALER'S TRADE NAME)
By [X.X. Xxxxxxx] By [Xxxxxx X. XxXxxx]
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(ASSISTANT SECRETARY) (SIGNATURE AND TITLE)
[Xxxxxxx X. Xxxxxxxx]
