Page:United States Statutes at Large Volume 92 Part 1.djvu/378

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 324

PUBLIC LAW 95-297—JUNE 19, 1978 (13) The term "failure" does not include— (A) any failure which is only technical or unimportant to the franchise relationship; or (B) any failure for a cause beyond the reasonable control of the franchisee. (14) The terms "fail to renew" and "nonrenewal mean, with respect to any franchise relationship, a failure to reinstate, continue, or extend the franchise relationship— (A) at the conclusion of the term, or on the expiration date, stated in the relevant franchise; (B) at any time, in the case of the relevant franchise which does not state a term of duration or an expiration date; or (C) following a termination (on or after the date of enactment of this Act) of the relevant franchise which was entered into prior to such date of enactment and has not been renewed after such date. (15) The term "affiliate" means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person, (16) The term "relevant geographic market area" includes a State or a standard metropolitan statistical area as periodically established by the Office of Management and Budget. (17) The term "termination" includes cancellation. (18) The term "commerce" means any trade, traffic, transportation, exchange, or other commerce— (A) between any State and any place outside of such State; or (B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A). (19) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. FRANCHISE RELATIONSHIP; TERMINATION AND NONRENEWAL

15 DSC 2802.

SEC. 102. (a) Except as provided in subsection (b) and section 103, no franchisor engaged in the sale, consignment, or distribution of motor fuel in commerce may— (1) terminate any franchise (entered into or renewed on or after the date of enactment of this Act) prior to the conclusion of the term, or the expiration date, stated in the franchise; or (2) fail to renew any franchise relationship (without regard to the date on which the relevant fianchise was entered into or renewed). (b)(1) Any franchisor may terminate any franchise (entered into or renewed on or after the date of enactment of this Act) or may fail to renew any franchise relationship, if— (A) the notification rec^uirements of section 104 are met; and (B) such termination is based upon a ground described in paragraph (2) or such nonrenewal is based upon a ground described in paragraph (2) or (3). (2) For purposes of this subsection, the following are grounds for termination of a franchise or nonrenewal of a franchise relationship: (A) A failure by the franchisee to comply with any provision of the franchise, which provision is both reasonable and of