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§ 11-1305. Deficient notice, remedies

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 13. Maryland Fair Distributorship Act (Refs & Annos)
MD Code, Commercial Law, § 11-1305
§ 11-1305. Deficient notice, remedies
(a) If the grantor identified deficiencies on the part of the distributor in the notice under § 11-1303(b)(2)(ii) of this subtitle and if a distributor opposes the cancellation or nonrenewal of an agreement, the distributor shall be permitted to attempt to resolve its differences with the grantor by:
(1) Within 30 days after the receipt of the notice of cancellation or nonrenewal, filing with the grantor a notice of intention to oppose the cancellation or nonrenewal; and
(2) Implementing a plan, as approved by the grantor, for the correction of the deficiencies described by the grantor as constituting the reasons for the cancellation or nonrenewal.
(b) The grantor and distributor must make good faith efforts to mutually adopt the plan described in subsection (a)(2) of this section.
(c) Unless otherwise mutually agreed by the parties, the plan described in subsection (a)(2) of this section must be implemented within 60 days of its acceptance by the grantor.
(d) A notice of cancellation or nonrenewal shall be ineffective if the distributor implements the plan described in subsection (a)(2) of this section.
(e) A cancellation or nonrenewal shall be effective immediately upon the expiration of the period provided in subsection (c) of this section if the distributor fails to implement the plan described in subsection (a)(2) of this section.
(f) Nothing in this section shall permit a distributor to attempt to cure if the only reasons identified by the grantor in the notice required under § 11-1303(b)(2)(ii) of this subtitle are reasons that are not curable by the distributor.

Credits

Added by Acts 1993, c. 453, § 1, eff. Oct. 1, 1993. Amended by Acts 1995, c. 326, § 1, eff. Oct. 1, 1995.
MD Code, Commercial Law, § 11-1305, MD COML § 11-1305
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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