35Termination by supplier—breach by retailer

35 Termination by supplier—breach by retailer

(1) Subject to clause 36, this clause applies if: (a) a retailer breaches a fuel re‑selling agreement; and (b) the supplier proposes to terminate the fuel re‑selling agreement. (2) The supplier must: (a) give the retailer reasonable notice that the supplier proposes to terminate the fuel re‑selling agreement because of the breach; and (b) notify the retailer of what the supplier requires to be done to remedy the breach; and (c) allow the retailer a reasonable time to remedy the breach. (3) For the purposes of paragraph (2)(c), the supplier is not required to allow more than 30 days. (4) If the breach is remedied in accordance with paragraphs (2)(b) and (c), the supplier must not terminate the fuel re‑selling agreement because of that breach. (5) Part 4 applies to a dispute arising from termination under this clause.