Common use of TERMINATION FOR FAILURE OF PERFORMANCE Clause in Contracts

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 DEALER's performance pursuant to Section XIXparagraphs XIV(D), XV(D) and XVI(F) herein, DISTRIBUTOR concludes that DEALER has failed to perform adequately its sales, service, parts sales or customer satisfaction service 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.