reglab/housing_qa huggingface dataset:
GA Code § 10-1-731 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-731. Definitions

 As used in this article, the term:    "Agreement" means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier's heavy equipment products and attachments and repair parts therefor and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.   "Heavy equipment" means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term "heavy equipment" shall not include:   Motor vehicles requiring registration and certificates of title;   Farm machinery, equipment, and implements; or   Equipment that is "consumer goods" within the meaning of Code Section 11-9-102.     "Multiline dealer" means a person in Georgia meeting all the following requirements:   Who is engaged in the business of selling or leasing heavy equipment at retail;   Who customarily maintains a total inventory valued at over $250,000.00 of new heavy equipment and attachments and repair parts therefor;   Who provides repair services for the heavy equipment sold;   Who has agreements with at least six different suppliers; and   Whose retail sales volume of heavy equipment purchased from a single supplier, under all agreements with that supplier, is not greater than 75 percent of such person's total retail sales volume of heavy equipment during:   The 12 month period immediately prior to July 1, 1989, if an agreement or agreements between the supplier and such person is or are in effect on July 1, 1989; or   The 12 month period immediately following the date the initial agreement between the supplier and such person is entered into, or portion thereof in the event of cancellation, termination, or transfer of the business prior to the end of such 12 month period, if such initial agreement is entered into subsequent to July 1, 1989.       "Person" means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors, or other persons in active control of the activities of each such entity.The term "person" also includes heirs, assigns, personal representatives, and guardians.   "Supplier" means every person, including any agent of such person or any authorized broker acting on behalf of that person, that enters into an agreement with a multiline dealer.     (Code 1981, §10-1-731, enacted by Ga. L. 1993, p. 1585, § 3; Ga. L. 2001, p. 362, § 26.)
GA Code § 10-1-732 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-732. Unilateral Amendment, Cancellation, Termination, Refusal to Renew, or Causing Resignation From Agreement for Good Cause

  Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause a dealer to resign from an agreement, unless the supplier has first complied with the provisions of this article and good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuance, or causing a resignation.The term "good cause" shall not include the sale or purchase of a supplier.The term "good cause" shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Georgia or multiline dealer performance deficiencies including, but not limited to, the following:   Bankruptcy or receivership of the multiline dealer;   Assignment for the benefit of creditors or similar disposition of the assets of the dealer, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; or     Failure by the multiline dealer to comply substantially, without reasonable cause or justification, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a multiline dealer to:   Maintain a sales volume or trend of his supplier's product line or lines comparable to that of other similarly situated dealers of that product line; or   Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated.     In any determination as to whether a multiline dealer has failed to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the market area of the multiline dealer in question and to comparable market area.       No supplier shall be required to give notice or show good cause pursuant to subsection (a) of this Code section to amend unilaterally agreements with multiline dealers to comply with federal or state law or, where not inconsistent with this article, to amend uniformly agreements as to all multiline dealers of the supplier in question in all states in which the supplier is marketing its products.   In any dispute as to whether a supplier has acted with good cause as required by this Code section, the supplier shall have the burden of proof to establish that good cause existed.     (Code 1981, §10-1-732, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-733 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-733. Notice of Intent to Amend, Terminate, Cancel, or Decline to Renew Agreement; Time Within Which Dealer May Rectify Condition; Contract for Transfer of Business; Immediate Termination, Amendment, Cancellation or Expiration

  Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days' prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement.The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal.   Where such reason or reasons relate to a condition or conditions which may be rectified by action of the multiline dealer, he shall have 75 days in which to take such action and, within such 75 day period, shall give written notice to the supplier if and when such action is taken.If such condition or conditions have been rectified by action of the multiline dealer, then the proposed amendment, termination, cancellation, or nonrenewal shall be void and without legal effect.However, where the supplier contends that action on the part of the multiline dealer has not rectified one or more of such conditions, such supplier must give written notice thereof to the multiline dealer within 15 days after the dealer gave notice to the supplier of the action taken.   During the 120 day notice period provided for in subsection (a) of this Code section, the multiline dealer shall have the right to contract for a transfer of his or her business to another person who meets the material and reasonable qualifications and standards required by the supplier of its multiline dealers.The multiline dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120 day notice period.   An agreement may be immediately terminated, amended, canceled, or allowed to expire and no notice shall be required if the reason for the amendment, termination, cancellation, or nonrenewal is:   The bankruptcy or receivership of the multiline dealer;   An assignment for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business;   Willful or intentional misrepresentation made by the multiline dealer with the express intent to defraud the supplier;   Failure of the multiline dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the multiline dealer's reasonable control;   Failure to pay any undisputed amount due the supplier continuing for 30 days after written notice thereof; or   A final conviction of the multiline dealer of a felony.       (Code 1981, §10-1-733, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-734 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-734. Consent to Transfer of Dealer's Business; Notice of Withholding of Consent; Assumption of Transferor's Obligations and Rights; Burden of Proving Justification for Denying Consent

  No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer's business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the multiline dealer written notice thereof, stating the specific reasons for withholding consent.No prospective transferee shall be disqualified to be a multiline dealer because it is a publicly held corporation.A supplier shall have 45 days to consider a multiline dealer's request to make a transfer under this subsection.   Whenever a transfer of a multiline dealer's business occurs, the transferee shall assume all the obligations imposed on and succeed to all the rights held by the selling multiline dealer by virtue of any agreement consistent with this article between the selling multiline dealer and one or more suppliers entered into prior to the transfer.   In any dispute as to whether a supplier has denied consent in violation of this Code section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.     (Code 1981, §10-1-734, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-735 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-735. Mailing of Notice

 Notices required by this article shall be sent by certified or registered mail or statutory overnight delivery, postage prepaid.    (Code 1981, §10-1-735, enacted by Ga. L. 1993, p. 1585, § 3; Ga. L. 2000, p. 1589, § 4.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
GA Code § 10-1-736 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-736. When Change in Dealer's Management or Personnel May Be Required or Prohibited

 No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers.    (Code 1981, §10-1-736, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-737 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-737. Article Deemed Incorporated in Agreements Subject to It; Waiver of Compliance; Good Faith Settlements of Disputes

 The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article.No supplier shall require any multiline dealer to waive compliance with any provision of this article.Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance.Nothing in this article shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.    (Code 1981, §10-1-737, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-738 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-738. Good Faith, Fair Dealing, and Reasonableness Requirements

  Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly.   This article shall impose on every term and provision of any agreement a requirement of reasonableness.Every term or provision of any agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.     (Code 1981, §10-1-738, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-739 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-739. Venue; Equitable Relief; Recovery of Losses and Damages for Violation of Code Sections 10-1-732 and 10-1-734; When Supplier May Not Cancel, Terminate, or Refuse to Renew Agreement

  Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline dealer has its principal place of business.The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this article, including, but not limited to, declaratory judgment and injunctive relief.   In addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, or termination or has refused to continue or renew an agreement without good cause or has withheld or delayed consent in violation of Code Section 10-1-732 or Code Section 10-1-734, then the multiline dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the costs of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the loss of good will of the multiline dealer's business, if any, arising therefrom.   No supplier may cancel, terminate, or refuse to continue to renew an agreement during the period set forth in this article or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection (d) of Code Section 10-1-733.     (Code 1981, §10-1-739, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-740 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 26 - Multiline Heavy Equipment Dealers|§ 10-1-740. Applicability of Article

 The provisions of this article shall apply to any agreements entered into on or after July 1, 1989.The provisions of this article shall also apply to any agreement modified or amended on or after July 1, 1989.The provisions of this article are also applicable to any renewal or amendment of such agreements.    (Code 1981, §10-1-740, enacted by Ga. L. 1993, p. 1585, § 3.)
GA Code § 10-1-763 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27 - Trade Secrets|§ 10-1-763. Recovery of Damages

  In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited.   If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this Code section.   In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret.     (Code 1981, §10-1-763, enacted by Ga. L. 1990, p. 1560, § 1.)   RESEARCH REFERENCES   ALR.   - Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.
GA Code § 10-1-764 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27 - Trade Secrets|§ 10-1-764. Award of Attorneys' Fees

 If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party.    (Code 1981, §10-1-764, enacted by Ga. L. 1990, p. 1560, § 1.)   RESEARCH REFERENCES   ALR.   - Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.
GA Code § 10-1-765 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27 - Trade Secrets|§ 10-1-765. Protection of Trade Secret During Action

 In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.    (Code 1981, §10-1-765, enacted by Ga. L. 1990, p. 1560, § 1.)   RESEARCH REFERENCES   ALR.   - Discovery of trade secret in state court action, 75 A.L.R.4th 1009.   What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential," exempt from disclosure under Freedom of Information Act (5 USCS § 552(b)(4)) (FOIA), 139 A.L.R. Fed 225.
GA Code § 10-1-766 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27 - Trade Secrets|§ 10-1-766. Limitation of Action

 An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret.    (Code 1981, §10-1-766, enacted by Ga. L. 1990, p. 1560, § 1.)
GA Code § 10-1-767 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27 - Trade Secrets|§ 10-1-767. Applicability of Article

  Except as provided in subsection (b) of this Code section, this article shall supersede conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret.   This article shall not affect:   Contractual duties or remedies, whether or not based upon misappropriation of a trade secret; provided, however, that a contractual duty to maintain a trade secret or limit use of a trade secret shall not be deemed void or unenforceable solely for lack of a durational or geographical limitation on the duty;   Other civil remedies that are not based upon misappropriation of a trade secret; or   The definition of a trade secret contained in Code Section 16-8-13, pertaining to criminal offenses involving theft of a trade secret or criminal remedies, whether or not based upon misappropriation of a trade secret.       (Code 1981, §10-1-767, enacted by Ga. L. 1990, p. 1560, § 1; Ga. L. 1991, p. 94, § 10.)
GA Code § 10-1-770 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27A - Bad Faith Assertions of Patent Infringement|§ 10-1-770. Definitions

 As used in this article, the term:    "Claims in the patent" means the extent of protection conferred by a patent.   "Demand letter" means a letter, e-mail, or other written communication asserting or claiming that the target has engaged in patent infringement.   "Target" means a person:   Who has received a demand letter or against whom an assertion or allegation of patent infringement has been made;   Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or   Whose customers have received a demand letter asserting that use of such person's product, service, or technology infringes a patent.       (Code 1981, §10-1-770, enacted by Ga. L. 2014, p. 208, § 1/HB 809.)
GA Code § 10-1-772 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27A - Bad Faith Assertions of Patent Infringement|§ 10-1-772. Protective Order; Posting; Waiver of Bond

 If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author's agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request that a protective order be issued as described in this Code section. Upon such motion and a finding by the court that a target has established a reasonable likelihood that an author of a demand letter has made a bad faith assertion of patent infringement, the court shall require the author of the demand letter to post a bond in an amount equal to a good faith estimate of the target's expenses of litigation, including an estimate of reasonable attorney's fees, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this Code section shall not exceed $250,000.00. The court may waive the bond requirement if it finds the author of the demand letter has available assets equal to the amount of the proposed bond or for other good cause shown.    (Code 1981, §10-1-772, enacted by Ga. L. 2014, p. 208, § 1/HB 809.)