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House Journal: Page 665: Tuesday, March 18, 1997

47   not intend to continue to operate the franchise,
48   unless the failure to operate is due to circumstances
49   beyond the control of the franchisee.
50     (4)  The franchisor and franchisee agree in writing

Page 2  

 1   to terminate the franchise.
 2     (5)  The franchisee knowingly makes any material
 3   misrepresentations or knowingly omits to state any
 4   material facts relating to the acquisition or
 5   ownership or operation of the franchise business.
 6     (6)  After three material breaches of a franchise
 7   agreement occurring within a twelve-month period, for
 8   which the franchisee has been given notice and an
 9   opportunity to cure, the franchisor may terminate upon
10   any subsequent material breach within the twelve-month
11   period without providing an opportunity to cure,
12   provided that the action is not arbitrary and
13   capricious.
14     (7)  The franchised business or business premises
15   of the franchisee are lawfully seized, taken over, or
16   foreclosed by a government authority or official.
17     (8)  The franchisee is convicted of a felony or any
18   other criminal misconduct which materially and
19   adversely affects the operation, maintenance, or
20   goodwill of the franchise in the relevant market.
21     (9)  The franchisee operates the franchised
22   business in a manner that imminently endangers the
23   public health and safety."
A non-record roll call was requested.
The ayes were 39, nays 52.
Amendment H-1190 lost.
Heaton of Henry asked and received unanimous consent that
amendment H-1191 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1194 be deferred.
Heaton of Henry asked and received unanimous consent that
amendment H-1195 be deferred.
Richardson of Warren offered the following amendment H-1207,
previously deferred, filed by him and moved its adoption:

H-1207

 1     Amend House File 334 as follows:
 2     1.  Page 1, by inserting before line 1 the

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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