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).
Structure Wyoming Statutes
Title 12 - Alcoholic Beverages
Article 1 - Relations Between Malt Beverage Distributors and Manufacturers
Section 12-9-101 - Legislative Findings and Intent.
Section 12-9-102 - Definitions.
Section 12-9-103 - Application of Act.
Section 12-9-104 - Unfair and Prohibited Acts.
Section 12-9-106 - Good Cause for Terminating Agreement; Rights to Cure.
Section 12-9-107 - Burden of Proof.
Section 12-9-108 - Notice for Terminating an Agreement.
Section 12-9-109 - Conditions and Notice Required.
Section 12-9-110 - Discontinuance of Production or Distribution.
Section 12-9-111 - Effort Required by Distributor.
Section 12-9-112 - Waiver Prohibited.
Section 12-9-113 - Agreement Subject to Act.
Section 12-9-114 - Agreements Binding on Successor.
Section 12-9-115 - Reasonable Compensation.
Section 12-9-117 - Contracts and the Validity Thereof.
Section 12-9-118 - Repurchase of Inventory Upon Termination.