branch
locations established by Distributor at the request of Company, and the purposes
for which such Premises will be used, will be reflected in a Distributorship
Locations and Premises Addendum executed by Distributor and Company.
Distributor, or any of its owners, will not conduct any of the Distributorship
Operations at any location that is not reflected in such Addendum.
6.1.4
Changes Proposed
If Distributor desires to establish, change or eliminate any Distributorship
Premises or change the use of any Distributorship Premises, it shall advise
Company in writing and obtain prior written approval of any such change. Any
such change approved by Company shall be reflected, when implemented, in a new
and superseding Distributorship Locations and Premises Addendum.
Company and Distributor acknowledge that Company and Affiliated Companies are
contemplating making changes in the manner in which Parts are distributed an in
the appointment and support of dealers.
Changes which may occur that could
affect Distributor operations include pricing changes, functional compensation
and specified service or support functions. If a Distributor in the exercise of
reasonable business judgment determines that such a change causes a financial
deterioration of a Distributor Location and Distributor requests permission of
Company to close or downsize the affected Distributor Location, Company will not
unreasonably withhold such approval.
If Distributor does not obtain such prior written approval, Company may
terminate this Agreement. In any event, Company may exercise its right under
Article 2.3.2 to modify the Area of Responsibility or appoint an additional
Distributor.
7
6.1.5
Business Hours
Distributor shall maintain its Distributorship Premises open to serve customers
during all days and hours which are customary in the trade and lawful and
necessary to properly serve customers in the Area of Responsibility. Distributor
shall provide emergency service in the Area of Responsibility on a seven (7) day
per week, twenty four (24) hour per day basis.
6.1.6
Signs
Distributor shall install and maintain, at its own expense, only signs approved
by Company at the Distributorship Premises and assure that the Authorized
Dealers utilize signs approved by Company.
6.1.7
Distributor Name
Distributor's business name must be approved in writing by Company.
6.2
Capital
Distributor shall provide working and equity capital as mutually agreed upon by
Company and Distributor to adequately fulfill Distributor's responsibilities
under this Agreement.
6.3
Personnel
Distributor shall provide competent management and a sufficient staff of
personnel who are adequately trained to perform the Distributor's
responsibilities under this Agreement.
6.4
Inventory
Distributor shall maintain an inventory of Products and Parts adequate to meet
the needs of Authorized Dealers and other customers located in the Area of
Responsibility.
Distributor will assure that Authorized Dealers maintain an inventory of Parts
considered adequate by Distributor to meet the needs of Dealers' customers.
6.5
Government Regulations
Distributor and Company will provide each other with such information and
assistance as reasonably requested to facilitate compliance with government
laws, regulations and orders relating to Products and Parts.
Distributor shall
be responsible for complying with applicable laws, regulations and orders.
Company and its