Vermont Statutes Title 9 Sec. 4104
Terms Used In Vermont Statutes Title 9 Sec. 4104
- Agreement: is a ny written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. See
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Dealer: means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fraud: Intentional deception resulting in injury to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
- Supplier: means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. See
§ 4104. Supplier‘s right to terminate agreement
(a) A supplier who does not intend to extend or renew a lease or agreement with a dealer upon the expiration of the term of said lease or agreement, or a renewal thereof, shall give written notice of his or her intention to the dealer at least 90 days prior to the expiration date. A supplier may cancel, terminate, or refuse to renew a lease or agreement without this notice at any time upon default on the part of the dealer.
(b) Grounds for termination or cancellation of an agreement or lease that are not contained in the agreement between the supplier and the dealer may be decided by negotiation between the supplier and the dealer or any attorney or other agent representing or designated by the dealer.
(c) The occurrence of any of the following shall constitute a waiver by the dealer of any rights under this section:
(1) criminal misconduct or violation of law relating to the business or premises of the dealer;
(2) fraud;
(3) any unauthorized closing of the business for seven consecutive days;
(4) bankruptcy or insolvency of the dealer;
(5) nonpayment of rent, or loss by the supplier of its legal rights to grant possession of leased premises to the dealer; or
(6) public condemnation or other public taking. (Added 1975, No. 83, § 1.)