Common use of MARKET REPRESENTATION Clause in Contracts

MARKET REPRESENTATION. a. Without liability to the Dealer, New Holland Construction may determine the numbers, locations and sizes of Dealers necessary for adequate PRODUCTS sales and service representation and may appoint additional Dealers in PRODUCTS within the Dealer’s PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to establish an additional Dealer or alter the Dealer’s PMR shall be made by New Holland Construction solely upon its own business judgment, and nothing in this Agreement shall be construed as requiring the Dealers consent to the establishment of an additional Dealer or the altering of Dealer’s PMR. b. New Holland Construction may make gifts, sales, loans, rentals or leases of PRODUCTS to others within the Dealer’s PMR or otherwise without liability to the Dealer. New Holland Construction also may offer any PRODUCTS including new, different and differently designed product, bearing any trademarks or trade names to which New Holland Construction or any affiliated company is entitled, to selected Dealers or others under existing or new agreements without any liability to the Dealer. In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. New Holland Construction may select the Dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give New Holland Construction 60 days written notice of Dealer’s intention to transfer or sell the shares or assets of the dealer. The Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to the Dealer, New Holland Construction the Company may determine the numbers, locations and sizes of Dealers Company dealers necessary for adequate PRODUCTS sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealer’s designated PMR or appoint additional Dealers Company dealers in PRODUCTS within the Dealer’s that PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to establish an additional Dealer or alter the Dealer’s designated PMR or to establish a new or additional Company Dealer shall be made by New Holland Construction the Company solely upon its own business judgment, and nothing . Nothing in this Agreement shall be construed as requiring the Dealers Dealer’s consent to the establishment of an a new or additional Dealer in any area where the Dealer markets or the altering of Dealer’s PMRsells PRODUCTS or elsewhere. b. New Holland Construction The Company may make gifts, sales, loans, rentals gifts or leases loans of PRODUCTS PRODUCT to others within the Dealer’s designated PMR or otherwise without liability to the Dealer. New Holland Construction The Company also may offer any PRODUCTS including new, different modified and differently designed productPRODUCT, bearing any trademarks or trade names to which New Holland Construction the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreements without liability to Dealer, and without undertaking any liability obligation to make such PRODUCTS available to the Dealer. . c. In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. New Holland Construction The Company may select the Dealers dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give New Holland Construction the Company 60 days written notice of Dealer’s intention to transfer or sell the shares or assets of the dealer. The dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to the Dealer, New Holland Construction the Company may determine the numbers, locations and sizes of Dealers Company dealers necessary for adequate PRODUCTS PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers designated PMR or appoint additional Dealers Company dealers in PRODUCTS within the Dealer’s that PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to alter Dealers designated PMR or to establish an a new or additional Company Dealer or alter the Dealer’s PMR shall be made by New Holland Construction the Company solely upon its own business judgment, and nothing . Nothing in this Agreement shall be construed as requiring the Dealers Dealer’s consent to the establishment of an a new or additional Dealer in any area where the Dealer markets or the altering of Dealer’s PMRsell PRODUCTS or elsewhere. b. New Holland Construction The Company may make gifts, sales, loans, rentals gifts or leases loans of PRODUCTS PRODUCT to others within the Dealer’s designated PMR or otherwise without liability to the Dealer. New Holland Construction The Company also may offer any PRODUCTS including new, different modified and differently designed productPRODUCT, bearing any trademarks or trade names to which New Holland Construction the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreements agreement without liability to Dealer, and without undertaking any liability obligation to make such PRODUCTS available to the Dealer. . c. In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. New Holland Construction The Company may select the Dealers dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give New Holland Construction 60 the Company sixty (60) days written notice of Dealer’s Dealers intention to transfer or sell the shares or assets of the dealer. The dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to the Dealer, New Holland Construction the Company may determine the numbers, locations and sizes of Dealers Company dealers necessary for adequate PRODUCTS PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may alter Dealers designated PMR or appoint additional Dealers Company dealers in PRODUCTS within the Dealer’s that PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to establish an additional Dealer or alter the Dealer’s designated PMR or to establish a new or additional Company Dealer shall be made by New Holland Construction the Company solely upon its own business judgment, and nothing . Nothing in this Agreement shall be construed as requiring the Dealers consent to the establishment of an a new or additional Dealer in any area where the Dealer markets or the altering of Dealer’s PMRsell PRODUCTS or elsewhere. b. New Holland Construction The Company may make gifts, sales, loans, rentals gifts or leases loans of PRODUCTS PRODUCT to others within the Dealer’s Dealers designated PMR or otherwise without liability to the Dealer. New Holland Construction The Company also may offer any PRODUCTS including new, different modified and differently designed productPRODUCT, bearing any trademarks or trade names to which New Holland Construction the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreements agreement without liability to Dealer, and without undertaking any liability obligation to make such PRODUCTS available to the Dealer. . c. In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. New Holland Construction The Company may select the Dealers dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give New Holland Construction 60 the Company sixty (60) days written notice of Dealer’s intention to transfer or sell the shares or assets of the dealer. The dealership. d. Dealer has not paid any fee for this Agreement.

MARKET REPRESENTATION. a. Without liability to the Dealer, New Holland Construction the Company may determine the numbers, locations and sizes of Dealers Company dealers necessary for adequate PRODUCTS PRODUCTS, sales and service representation within any geographic area, or within the PMR designated in Schedule C, and may after Dealers designated PMR or appoint additional Dealers Company dealers in PRODUCTS within the Dealer’s that PMR or elsewhere, or may alter the Dealer’s PMR. Notwithstanding any other provision of this Agreement, the final decision whether to alter Dealers designated PMR or to establish an a new or additional Company Dealer or alter the Dealer’s PMR shall be made by New Holland Construction the Company solely upon its own business judgment, and nothing . Nothing in this Agreement shall be construed as requiring the Dealers consent to the establishment of an a new or additional Dealer in any area where the Dealer markets or the altering of Dealer’s PMRsell PRODUCTS or elsewhere. b. New Holland Construction The Company may make gifts, sales, loans, rentals gifts or leases loans of PRODUCTS PRODUCT to others within the Dealer’s Dealers designated PMR or otherwise without liability to the Dealer. New Holland Construction The Company also may offer any PRODUCTS including new, different modified and differently designed productPRODUCT, bearing any trademarks or trade names to which New Holland Construction the Company or any affiliated company is entitled, to selected Company Dealers or others under existing or new agreements agreement without liability to Dealer, and without undertaking any liability obligation to make such PRODUCTS available to the Dealer. . c. In view of the personal nature of this Agreement, the rights and privileges conferred on the Dealer under this Agreement are not transferable, assignable or salable by the Dealer, and no property right or interest, direct or indirect, is sold, conveyed or transferred to the Dealer under this Agreement. New Holland Construction The Company may select the Dealers dealers it shall appoint to distribute and service PRODUCTS and may refuse to appoint as a Dealer any purchaser or prospective purchaser of any of the shares or assets of the Dealer upon the termination of this Agreement or otherwise. The Dealer shall give New Holland Construction 60 the Company sixty (60) days written notice of Dealer’s Dealers intention to transfer or sell the shares or assets of the dealer. The dealership. d. Dealer has not paid any fee for this Agreement.