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§ 11-305. Termination or cancellation defenses

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 3. Gasohol and Gasoline Products Marketing Act (Refs & Annos)
MD Code, Commercial Law, § 11-305
§ 11-305. Termination or cancellation defenses
Currentness
Subject to the notice requirements of § 11-306 of this subtitle, in any action filed under this subtitle which is based on a termination or cancellation of a marketing agreement, it is a defense that the marketing agreement was terminated or canceled:
(1) By mutual agreement of the parties, provided however, that the mutual agreement is void and unenforceable unless it clearly states that it is not effective until the seventh business day after the date of its execution during which time either the dealer or the distributor have the absolute right to rescind such mutual agreement by written notice to the other;
(2) Because of the bankruptcy or insolvency of the dealer;
(3) Because the dealer failed to comply with an express requirement of the marketing agreement; or
(4) Because the dealer failed to act in good faith in carrying out the terms of the marketing agreement.

Credits

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1977, c. 163; Acts 1999, c. 34, § 9, eff. April 13, 1999.
Formerly Art. 23, § 167G.
MD Code, Commercial Law, § 11-305, MD COML § 11-305
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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