Definitions.

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  • (1) "Affected party" means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew.
  • (2)
    • (a) "Distributorship agreement" means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier.
    • (b) For purposes of this chapter, a separate agreement between a supplier and a wholesaler is considered to be part of a distributorship agreement if it relates to:
      • (i) the relationship between the supplier and the wholesaler; or
      • (ii) the duties of either the supplier or the wholesaler under a distributorship agreement.
  • (3) "Good cause" means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Part 2, Termination.
  • (4) "Good faith" is as defined in Subsection 70A-1a-201(2)(t).
  • (5) "Retailer" means a beer retailer.
  • (6) "Sales territory" means the geographic area of distribution and sale responsibility designated by a distributorship agreement.
  • (7) "Supplier," notwithstanding Section 32B-1-102, means a brewer or other person who sells beer to a wholesaler for resale in this state.
  • (8) "Terminating party" means a supplier or wholesaler who:
    • (a) is a party to a distributorship agreement; and
    • (b) seeks to terminate or not renew the distributorship agreement.




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