(6) (i) Discriminate between franchises in the charges
offered or made for royalties, goods, services,
equipment, rentals, advertising services or in any other
business dealing, unless each of the following apply:
(A) The discrimination between franchisees would
be necessary to allow a particular franchisee to
fairly meet competition in the open market.
(B) The discrimination does not adversely affect
the business of an existing franchisee.
(C) To the extent that the franchisor satisfies
the burden of proving that a classification of or
discrimination between franchisees is reasonable, the
discrimination is based on franchises granted at
materially different times, is reasonably related to
the difference in time or on other proper and
justifiable distinctions and is not arbitrary or
intended to be for the benefit of the franchisor at
the expense of a franchisee.
(ii) Nothing under this paragraph shall be construed
as granting to a franchisor a right which may be limited
by a Federal or State statute.
(7) Notify the franchisee of a claimed breach of
franchise agreement for good cause not later than 180 days
from the date good cause arises or not later than 180 days
after the franchisor knew or in the exercise of reasonable
care should have known of the claimed good cause.
(8) Fail to make readily available to a franchisee,
without charge, true, accurate and complete copies of each
record of marketing, rewards program, advertising fund and
fee that has been paid by a franchisee, vendor, supplier and
20150HB1620PN2360 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30