§ 12-9-106 — Good cause for terminating agreement; rights to cure

(a) Notwithstanding any agreement, good cause shall exist
for the purposes of a termination, cancellation, nonrenewal or
discontinuance under W.S. 12-9-105(a)(iii) when all of the
following occur:
(i) There is a failure by the distributor to comply
with a provision of the agreement which is both reasonable and
of material significance to the business relationship between
the distributor and the manufacturer;
(ii) The manufacturer first acquired knowledge of the
failure described in paragraph (i) of this subsection not more
than two (2) years before the date notification was given
pursuant to W.S. 12-9-105(a)(i);
(iii) The distributor was given written notice by the
manufacturer of failure to comply with the agreement;
(iv) The distributor was afforded a reasonable
opportunity to assert good faith efforts to comply with the
agreement within the time limits provided for in paragraph (v)
of this subsection; and
(v) The distributor has been afforded thirty (30)
days in which to submit a plan of corrective action to comply
with the agreement and an additional ninety (90) days to cure
the noncompliance in accordance with the plan and has not cured
the noncompliance within that time in accordance with the plan.
(b) Good cause shall exist for the purposes of
termination, cancellation, nonrenewal or discontinuance under
W.S. 12-9-105(a)(iii) when there occurs a violation of W.S.
12-9-109(a).