N.D. Cent. Code § 5-04-05
This is the official text of N.D. Cent. Code § 5-04-05, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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5-04-05. Notice of intent to terminate
Official statutory text
5-04-05. Notice of intent to terminate
Except as otherwise provided in this section, a brewer shall provide a wholesaler with at
least ninety days prior written notice of any intent to amend, terminate, cancel, or not renew any
agreement. The notice must state all the reasons for the intended amendment, termination,
cancellation, or nonrenewal. The wholesaler has ninety days after receiving notice in which to
rectify any claimed deficiency. If the deficiency is rectified within ninety days of notice, the
proposed amendment, termination, cancellation, or nonrenewal is void. The notice provisions of
this section do not apply if the reason for the termination, cancellation, or nonrenewal is:
1. The wholesaler's bankruptcy or insolvency.
2. An assignment for the benefit of creditors or similar disposition of the business assets.
3. Revocation of the wholesaler's license.
4. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the
business that materially affects the wholesaler's ability to remain in business.
Except as otherwise provided in this section, a brewer shall provide a wholesaler with at
least ninety days prior written notice of any intent to amend, terminate, cancel, or not renew any
agreement. The notice must state all the reasons for the intended amendment, termination,
cancellation, or nonrenewal. The wholesaler has ninety days after receiving notice in which to
rectify any claimed deficiency. If the deficiency is rectified within ninety days of notice, the
proposed amendment, termination, cancellation, or nonrenewal is void. The notice provisions of
this section do not apply if the reason for the termination, cancellation, or nonrenewal is:
1. The wholesaler's bankruptcy or insolvency.
2. An assignment for the benefit of creditors or similar disposition of the business assets.
3. Revocation of the wholesaler's license.
4. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the
business that materially affects the wholesaler's ability to remain in business.
Status: in_force · Read it on the official government site
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