Sec. 7. A successor's designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler's right:
(1) to distribute the product in the existing wholesaler's territory immediately before the successor acquired rights to the product under section 5 of this chapter; and
(2) as determined in an arms length transaction entered into without duress or threat of termination of the initial wholesaler's right described in subdivision (1).
As added by P.L.224-2005, SEC.19.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 25. Product Transfer Between Wholesalers
7.1-3-25-1. "Existing Wholesaler"
7.1-3-25-4. "Successor's Designee"
7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited
7.1-3-25-5. Successor Requirements
7.1-3-25-6. Notice to Wholesaler of Change in Territory
7.1-3-25-7. Determination of Fair Market Value of Wholesaler's Distribution Rights
7.1-3-25-8. Territory Continues Until Compensation Received
7.1-3-25-10. Location of Arbitration Proceedings; General Provisions
7.1-3-25-11. Monetary Award Only
7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding
7.1-3-25-13. Failure to Receive Compensation
7.1-3-25-14. Good Faith Settlements Not Prohibited
7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement