TERMINATION FOR FAILURE OF PERFORMANCE. If, upon evaluation of DEALER's performance pursuant to Section XIX, herein, DISTRIBUTOR concludes that DEALER has failed to perform adequately its sales, service, parts or customer satisfaction responsibilities or to provide adequate dealership facilities, DISTRIBUTOR shall notify DEALER in writing of such failure(s) and will endeavor to review promptly with DEALER the nature and extent of such failure(s), and will grant DEALER 180 days or such other period as may be required by law to correct such failure(s). If DEALER fails or refuses to correct such failure(s) or has not made substantial progress towards remedying such failure(s) at the expiration of such period, DISTRIBUTOR may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law. Section XXIII(B)(3) shall not be applicable where DEALER has relocated without DISTRIBUTOR's approval.
TERMINATION FOR FAILURE OF PERFORMANCE. If, upon evaluation of Retailers performance pursuant to Sections II.E, IV.F, V.B or VI.E herein, MBUSA concludes that Retailer has failed to perform adequately its marketing and sales, service or client satisfaction responsibilities or to provide adequate Mercedes-Benz Center facilities, MBUSA shall issue to Retailer a Retailer Improvement Addendum notifying it of such failure(s). MBUSA will endeavor to review promptly with Retailer the nature and extent of such failure(s) and will grant Retailer one hundred eighty (180) days or such other period as may be required by law to correct such failure(s). If Retailer fails or refuses to correct such failure(s) or has not made substantial progress towards remedying such failure(s) at the expiration of such period, MBUSA may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law.
TERMINATION FOR FAILURE OF PERFORMANCE. If Porsche determines that DEALER has failed to perform its sales, service, parts or customer satisfaction responsibilities under this Agreement or to provide adequate Dealership Facilities, Porsche shall notify DEALER in writing of such failure(s), and shall provide DEALER with specific goals or performance standards with which DEALER must comply. If DEALER fails to comply with the goals or performance standards over a period of not less than one hundred eighty (180) days, or such other period as may be required by applicable statute, or otherwise refuses to correct such failure(s), Porsche may terminate this Agreement by giving DEALER notice thereof, such termination to be effective upon the date specified in such notice, or such later date as may be required by any applicable statute.
TERMINATION FOR FAILURE OF PERFORMANCE. If, upon evaluation of Dealer's performance pursuant to paragraphs 10(E), 11(D) and/or 12(F) herein, HMA determines that DEALER has failed to perform adequately its sales, service or parts responsibilities or to provide adequate dealership facilities, HMA will endeavor to review promptly with DEALER the nature and extent of such failure(s). As soon as practicable thereafter, HMA will notify DEALER in writing of DEALER's failure of performance and will grant DEALER 180 days from the date of such notice to correct such failure(s). If DEALER fails or refuses to correct such failure(s) or has not made substantial progress towards remedying such failure(s) at the expiration of such period, HMA may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law.
TERMINATION FOR FAILURE OF PERFORMANCE. If Company determines that Distributor has failed to perform any of its responsibilities under the Agreement, Company will review such failure with Distributor. As soon as practicable thereafter, Company will notify Distributor in writing of the nature of Distributor’s failure of performance and of the period of time during which Distributor will be expected to remedy such failure, which shall be a minimum of three (3) months, or longer at the sole determination of Company, based on the facts. Distributor shall submit a plan to remedy the failure within 30 days of notice. If such plan has not been received in 30 days or the plan is found to be unacceptable to Company, Company may prepare a plan for Distributor setting forth the minimum remedial actions which must be implemented within a reasonable period established by Company, which shall be at least thirty days duration. In the event Distributor fails to remedy the failure of performance or to comply with the above, Company may terminate this Agreement by giving Distributor thirty (30) days advance written notice.
TERMINATION FOR FAILURE OF PERFORMANCE. If, upon evaluation of DEALER'S performance pursuant to paragraphs VII(F), X(F), XI(B) or XII(E) herein, DISTRIBUTOR concludes that DEALER has failed to perform adequately its sales, service or customer satisfaction responsibilities or to provide adequate dealership facilities, DISTRIBUTOR shall notify DEALER in writing of such failure(s) and will endeavor to review promptly with DEALER the nature and extent of such failure(s), and will grant DEALER 180 days or such other period as may be required by law to correct such failure(s). If DEALER fails or refuses to correct such failure(s) or has not made substantial progress towards remedying such failure(s) at the expiration of such period, DISTRIBUTOR may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law.
TERMINATION FOR FAILURE OF PERFORMANCE. All dates set forth in this Order are fixed dates. If Contractor fails to timely provide the Deliverables by the dates set forth in this Order or in conformance with the performance criteria set forth in this Order, and does not cure the failure within 10 calendar days (or other reasonable period stated in the notice) after receipt of written notice from AMG of the failure to perform, AMG may terminate this Order for default.
