Page:United States Statutes at Large Volume 92 Part 1.djvu/383

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 329

accordance with the provisions of section 104, of the franchisor's intention not to renew the franchise relationship; and (iv) that the provisions of section 102, limiting the right of a franchisor to fail to renew a franchise relationship, are not applicable to such trial franchise. (2) The term "trial franchise" does not include any unexpired period of any term of any franchise (other than a trial franchise, as defined by paragraph (1)) which was transferred or assigned by a franchisee to the extent authorized by the provisions of the franchise or any applicable provision of State law which permits such transfer or assignment, without regard to any provision of the franchise. (3) The term "interim franchise" means any franchise— (A) which is entered into on or after the date of the enactment of this Act; (B) the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years; (C) the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal— (i) was based upon a determination described in section 102(b)(2)(E), and (ii) the requirements of section 102(b)(2)(E) were satisfied; and (D) which is in writing and states clearly and conspicuously— ^i) that the franchise is an interim franchise; (ii) the duration of the franchise; and (iii) that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon 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 m which the marketing premises are located if the requirements of action 102(b)(2)(E) (ii) and (iii) are satisfied, (c) If the notification requirements of section 104 are met, any franchisor may fail to renew any franchise relationship— (1) under any trial franchise, at the conclusion of the initial term of such trial franchise; and (2) under any interim franchise, at the conclusion of the term of such interim franchise, if— (A) such nonrenewal is based upon a determination described in section 102(b)(2)(E); and (B) the requirements of section 102(b)(2)(E) (ii) and (iii) are satisfied. NOTIFICATION OF TERMINATION OR NONRENEWAL

SEC. 104. (a) Prior to termination of any franchise or nonrenewal 15 USC 2804, of any franchise relationship, the franchisor shall furnish notification of such termination or such nonrenewal to the franchisee who is a party to such franchise or such franchise relationship— (1) in the manner described in subsection (c); and