FACILITY USAGE

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FACILITY USAGE

Article Fifth of the Infiniti Dealer Sales and Service Agreement, and the Infiniti Dealer Term Sales and Service Agreement incorporates certain additional provisions as part of the Dealer Agreement, including all guides referred to in the Dealer Agreement or in the Standard Provisions to the Dealer Agreement. The following are applicable sections of the Guide in the area of Market Representation. The following provisions do not represent the Guide in its entirety.

503 Facilities Usage

Representation
Exclusive: An exclusive dealership is a separate and distinct (stand-alone) facility or facilities from which only Infiniti "Dealership Operations" are conducted by dedicated Infiniti personnel. Infiniti’s policy is to seek and maintain exclusive representation in all primary market areas. A stand-alone Infiniti Facility must be separated from other facilities by space with no parts of the Infiniti Facility touching or connecting.

To maintain an exclusive identity all facilities must provide separate and distinct (stand-alone) Infiniti operations and dedicated personnel as follows:
• Exclusive Executive Manager
• Separate Showroom
• Separate Sales Staff
• Separate Service Drive/Reception
• Separate Customer Waiting Area
• Separate Service Workshop
• Separate Parts Counter
• Separate Parts Storage Area
• Separate Parts and Service Staff
• Any Dealership Facilities that are not exclusive (stand-alone) facilities are designated as dual facilities.
• Facilities which share a fixed-wall separation will be designated as duals.
• Dealerships which share parts and service facilities are designated as duals

Dealership facilities size, use, and location must be approved in writing by Infiniti and documented on the Dealership Facilities Addendum of the Agreement. Facilities must meet Infiniti’s design requirements, pursuant to Infiniti’s trade dress elements. and 2.C
• Dealership Facilities that enable the dealer to effectively perform its responsibilities under the Agreement; and
• Dealership Facilities that are reasonably equivalent to those maintained by Dealer’s principal competitors in the geographic area in which Dealer’s primary market area is located; and
• Dealership Facilities that are substantially in accordance with the current facility guides which are revised by Infiniti from time to time; and
• No changes in the dealership location or in the use of the dealership facilities from that specified in the current Dealership Facilities
Addendum can be made without the prior written consent of Infiniti.

Facility Size/Location
Infiniti Facility Planning Guides set forth facility size and usage requirements based upon planning volumes and units in operation. Infiniti requires that the facilities square footage meet facilities guide figures for all department activities within the assigned primary market area.
Infiniti requires all dealership department activities be operated from the same facilities location at one site located within the assigned primary market area. Dealership operations under the Agreement are limited to a single department activity within the assigned primary market area. For example; one (1) new vehicle department/location, one (1) used vehicle department/location, one (1) parts, service, etc. Secondary or satellite locations will not be allowed.

Infiniti’s policy is to limit construction or expansion of Dealership Facilities to no more than 150% of Infiniti’s guide figures for building and land (separately).


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