Page:United States Statutes at Large Volume 92 Part 1.djvu/379

 PUBLIC LAW 95-297—JUNE 19, 1978 material significance to the franchise relationship, if the franchisor first acquired actual or constructive knowledge of such failure— (i) not more than 120 days prior to the date on which notification of termination or nonrenewal is given, if notification is given pursuant to section 104(a); or (ii) not more than 60 days prior to the date on which notification of termination or nonrenewal is given, if less than 90 days notification is given pursuant to section 104(b)(1). (B) A failure by the franchisee to exert good faith efforts to carry out the provisions of the franchise, if— (i) the franchisee was apprised by the franchisor in writing of such failure and was afforded a reasonable opportunity to exert good faith efforts to carry out such provisions; and (ii) such failure thereafter continued within the period which began not more than 180 days before the date notification of termination or nonrenewal was given pursuant to section 104. (C) The occurrence of an event which is relevant to the franchise relationship and as a result of which termination of the franchise or nonrenewal of the franchise relationship is reasonable, if such event occure during the period the franchise is in effect and the franchisor first acquired actual or constructive knowledge of such occurrence— (i) not more than 120 days prior to the date on which notification of termination or nonrenewal is given, if notification is given pursuant to section 104(a); or (ii) not more than 60 days piior to the date on which notification of termination or nonrenewal is given, if less than 90 days notification is given pursuant to section 104(b)(1). (D) An agreement, in writing, between the franchisor and the franchisee to terminate the franchise or not to renew the franchise relationship, if— (i) such agreement is entered into not more than 180 days prior to the date of such termination or, in the case of nonrenewal, not more than 180 days prior to the conclusion of the term, or the expiration date, stated in the franchise; (ii) the franchisee is promptly provided with a copy of such agreement,, together with the summary statement described in section 104(d); and (iii) within 7 days after the date on which the franchisee is provided a copy of such agreement, the franchisee has not posted by certified mail a written notice to the franchisor repudiating such agreement. (E) In the case of any franchise entered into prioi- to the date of the enactment of this Act and in the case of any franchise entered into or renewed on or after such date (the tenn of which is 3 years or longer, or with respect to which the franchisee was offered a term of 3 years or longer), a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located, if— (i) such determination— (I) was made after the date such franchise was entered into or renewed, and

92 STAT. 325

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