C. GROUNDS FOR TERMINATION : 5. § 2802(b)(2)(D) Mutual Termination
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Eshak v. Marathon Petroleum Co., LLC, 2012 U.S. Dist. LEXIS 15420 (N.D. Ind. 2-8-12)
Mutual Cancellation Agreement (MCA) executed by both parties within 180 days of nonrenewal is held to be a valid ground for termination under 15 U.S.C. § 2802(b)(2)(D). The court rejected dealer's attempt to invalidate the MCA on grounds of deceit, duress, and a clause in a renewal sublease that preserved the parties' rights pending litigation.
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