Termination without time to cure.

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  • (1) the motorboat dealer:
    • (a) financially defaults to the manufacturer, the distributor, or a financing source;
    • (b) becomes subject to an order for relief, as defined in 11 U.S.C. Sec. 102;
    • (c) files a voluntary petition in bankruptcy;
    • (d) has had an involuntary petition in bankruptcy filed against the motorboat dealer;
    • (e) engages in an act of material fraud in relation to the performance of a right or obligation under the agreement;
    • (f) is a corporation that ceases to exist;
    • (g) becomes insolvent;
    • (h) takes or fails to take an action that constitutes an admission of inability to pay debts as the debts mature;
    • (i) makes a general assignment for the benefit of creditors to an agent authorized to liquidate any substantial amount of assets;
    • (j) applies to a court for the appointment of a receiver for any assets or properties;
    • (k) fails to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement;
    • (l) receives three valid notices of a default under Section 13-58-302 for the same default within a 12-month period, regardless of whether the dealer cures the default;
    • (m) transfers an interest in the dealership without the manufacturer's written consent;
    • (n) has pleaded guilty to or has been convicted of a felony, or of any misdemeanor relating to the relationship between the motorboat dealer and manufacturer;
    • (o) or one of the owners of the motorboat dealer is convicted or enters a plea of nolo contendere to a felony; or
    • (p) makes a material misrepresentation;
  • (2) there is a closeout or sale of a substantial part of the dealer's assets related to the motorboat dealership;
  • (3) there is a commencement or dissolution or liquidation of the motorboat dealership;
  • (4) there is a change without the prior written approval of the manufacturer in the location of the motorboat dealer's principal place of business under the dealership agreement; or
  • (5) the motorboat dealer's license is suspended, revoked, or is not renewed.




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