Common use of Termination for Non-Performance Clause in Contracts

Termination for Non-Performance. If, based on the evaluation thereof made by Nissan, Dealer shall fail to substantially fulfill its responsibilities with respect to: (i) the development of the Peninsula CMO according to the Market Area Plan; (ii) the implementation of the plans set forth in the Business Plan, including but not limited to any deviation therefrom; or (iii) the performance of its sales, service, customer relations or other obligations based on the standards established therefor in the Business Plan; Nissan will notify Dealer of such failure and will review with Dealer the nature and extent of such failure and the reasons which, in Nissan's or Dealer's opinion, account for such failure. Thereafter, Nissan will provide Dealer with a reasonable opportunity to correct the failure. If Dealer fails to make substantial progress towards remedying such failure before the expiration of such period, Nissan, may, direct Dealer to transfer its rights and obligations under this Agreement to another entity, acceptable to Nissan, within a reasonable time. Should Dealer fail to do so Nissan may (a) terminate this Agreement by giving Dealer notice of termination, such termination to be effective at least sixty (60) days after such notice is given, (b) exercise its option to purchase the principal assets of Dealer utilized in the business, including such real property as Nissan in its sole discretion may elect to purchase, and cancel the CMO Agreement and the Dealer Agreement pursuant to Paragraph 10.C hereof, or (c) restructure the Peninsula CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the Peninsula CMO.

Termination for Non-Performance. If, based on the evaluation thereof made by Nissan, Dealer shall fail to substantially fulfill its responsibilities with respect to: (i) the development of the Peninsula East Bay CMO according to the Market Area Plan; (ii) the implementation of the plans set forth in the Business Plan, including but not limited to any deviation therefrom; or or (iii) the performance of its sales, service, customer relations or other obligations based on the standards established therefor in the Business Plan; Nissan will notify Dealer of such failure and will review with Dealer the nature and extent of such failure and the reasons which, in Nissan's or Dealer's opinion, account for such failure. Thereafter, Nissan will provide Dealer with a reasonable opportunity to correct the failure. If Dealer fails to make substantial progress towards remedying such failure before the expiration of such period, Nissan, may, direct Dealer to transfer its rights and obligations under this Agreement to another entity, acceptable to Nissan, within a reasonable time. Should Dealer fail to do so Nissan may (a) terminate this Agreement by giving Dealer notice of termination, such termination to be effective at least sixty (60) days after such notice is given, (b) exercise its option to purchase the principal assets of Dealer utilized in the business, including such real property as Nissan in its sole discretion may elect to purchase, and cancel the CMO Agreement and the Dealer Agreement pursuant to Paragraph 10.C hereof, or (c) restructure the Peninsula East Bay CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the Peninsula East Bay CMO.

Termination for Non-Performance. If, based on the evaluation thereof made by Nissan, Dealer shall fail to substantially fulfill its responsibilities with respect to: (i) the development of the Peninsula South Bay CMO according to the Market Area Plan; (ii) the implementation of the plans set forth in the Business Plan, including but not limited to any deviation therefrom; or or (iii) the performance of its sales, service, customer relations or other obligations based on the standards established therefor in the Business Plan; Nissan will notify Dealer of such failure and will review with Dealer the nature and extent of such failure and the reasons which, in Nissan's or Dealer's opinion, account for such failure. Thereafter, Nissan will provide Dealer with a reasonable opportunity to correct the failure. If Dealer fails to make substantial progress towards remedying such failure before the expiration of such period, Nissan, may, direct Dealer to transfer its rights and obligations under this Agreement to another entity, acceptable to Nissan, within a reasonable time. Should Dealer fail to do so Nissan may (a) terminate this Agreement by giving Dealer notice of termination, such termination to be effective at least sixty (60) days after such notice is given, (b) exercise its option to purchase the principal assets of Dealer utilized in the business, including such real property as Nissan in its sole discretion may elect to purchase, and cancel the CMO Agreement and the Dealer Agreement pursuant to Paragraph 10.C hereof, or (c) restructure the Peninsula South Bay CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the Peninsula South Bay CMO.