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8-21B-3
Section 8-21B-3 Definitions. The following words shall have the following meanings: (1) DEALER.
A person, corporation, partnership, or other business entity primarily engaged in the business
of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established
place of business in this state. If a dealer's retail sales volume of heavy equipment and
heavy equipment parts purchased from a single supplier is greater than 70 percent of such
dealer's total retail sales volume of heavy equipment and heavy equipment parts during the
12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered
into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier
shall not be subject to this chapter with respect to the dealer agreement and transactions
between them, but the dealer shall otherwise be subject to this chapter with respect to dealer
agreements and transactions with other suppliers. (2) DEALER...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-3.htm - 3K - Match Info - Similar pages
45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.06.htm - 8K - Match Info - Similar pages
45-49-23.05
Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.05.htm - 8K - Match Info - Similar pages
45-37-21.07
Section 45-37-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding
any agreement and except as otherwise provided for in this part, a supplier shall not amend
or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate,
fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases,
the supplier has complied with all of the following: (1) Has satisfied the applicable notice
requirements of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment,
modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance,
the supplier shall have the burden of proving that it has acted in good faith, that the notice
requirements under this section have been complied with, and that there was good cause for
the amendment, modification, termination,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.07.htm - 8K - Match Info - Similar pages
8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals of
franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any agreement
or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall
cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3) Has good
cause for the cancellation, termination, modification, nonrenewal, or noncontinuance. (b)
Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the
terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-5.htm - 13K - Match Info - Similar pages
8-21C-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc. (a) A manufacturer
or distributor, directly or through any authorized officer, agent, or employee, may terminate,
cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the
manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer
agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5.
If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and
dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer or distributor
has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer
and dealer agreement with a dealer. For purposes of determining whether there is cause for
the proposed action, any of the following factors may be considered: (1) The extent of the
affected dealer's penetration in the area of sales...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-4.htm - 6K - Match Info - Similar pages
8-21C-2
Section 8-21C-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer
and the manufacturer or the distributor or in the manufacturer and dealer agreement, within
which the dealer has the exclusive right to display or sell new recreational vehicles of a
particular line-make of the manufacturer or distributor to the retail public. (2) CAMPING
TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial
side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping, or travel use. (3) DEALER. Any person, firm, corporation,
or business engaged in the business of selling recreational vehicles to the general public
and that maintains a permanent business establishment including a service and repair facility
which offers mechanical services for the recreational...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-2.htm - 4K - Match Info - Similar pages
8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-3.htm - 17K - Match Info - Similar pages
27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
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