Page:United States Statutes at Large Volume 108 Part 4.djvu/851

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PUBLIC LAW 103-371—OCT. 19, 1994 108 STAT. 3485 "(ii) an instrument executed by both the landowner and the franchisee that ensures the franchisor and the contractors of the franchisor reasonable access to the marketing premises for the purpose of testing for and remediating any environmental contamination that may be present at the premises; and "(C) in a situation in which the franchisee acquires possession of the leased marketing premises effective inmiediately after the loss of the right of the franchisor to grant possession (through an assignment pursuant to subparagraph (B) or by obtaining a new lease or purchasing the marketing premises from the landowner), the franchisor (if requested in writing by title franchisee not later than 30 days after notification was riven pursuant to section 104), during the 90-day period after notification was given pursuant to section 104— "(i) made a bona fide offer to sell, transfer, or assign to the fi-anchisee the interest of the franchisor in any improvements or equipment located on the premises; or "(ii) if applicable, offered the fiianchisee a right of first refiisal (for at least 45 days) of an offer, made by another person, to purchase the interest of the franchisor in the improvements and equipment". SEC. 4. WAIVER OF RIGHTS. Section 105 of the Peti*oleum Marketing Practices Act (15 U.S.C. 2805) is amended by adding at the end the followiag new subsection: "(f)(1) No firanchisor shall require, as a condition of entering into or renewing the franchise relationship, a franchisee to release or waive— "(A) any right that the franchisee has under this title or other Federallaw; or "(B) any right that the franchisee may have under any valid and applicable State law. "(2) No provision of any fi^nchise shall be valid or enforceable if the provision specifies that the interpretation or enforcement of the franchise shall be governed by the law of any State other than the State in which the fi^nclnsee has the principal place of business of the fiianchisee. ". SEC. 6. FREEMFnON. Section 106 of the Petroleum Marketing Practices Act (15 U.S.C. 2806) is amended— (1) in subsection (a)— (A) by inserting "(1)" after "(a)"; and (B) by addinfj at the end the following new paragraph: "(2) No State or political subdivision of a State may adopt, enforce, or continue in effect any provision of law (including a regulation) that requires a payment for the goodwill of a franchisee on the termination of a franchise or nonrenewal of a fiianchise relationship authorized by this title."; and (2) in subsection (b)— (A) by inserting "(1)" after "(bf; and (B) by adding at the end the following new paragraph: " (2) Nothing in this title shall prohibit any Statefix)mspecifying the terms and conditions under which a^y franchise or franchise