Common use of TERMINATION FOR FAILURE OF PERFORMANCE Clause in Contracts

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, upon evaluation of Retailers Dealer's performance pursuant to Sections II.E, IV.F, V.B or VI.E herein, MBUSA concludes that Retailer Dealer has failed to perform adequately its marketing and sales, service or client customer satisfaction responsibilities or to provide adequate Mercedes-Benz Center dealership facilities, MBUSA shall issue to Retailer Dealer a Retailer Dealer Improvement Addendum notifying it of such failure(s). MBUSA will endeavor to review promptly with Retailer Dealer the nature and extent of such failure(s) and will grant Retailer Dealer one hundred eighty (180) days or such other period as may be required by law to correct such failure(s). If Retailer 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, MBUSA may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law.