Since 1970, there have been three Toyota dealerships in the South Hampton Roads area: Mace Motors, Inc. 2 The facts, as presented by the district court, are not in dispute. The district court found that while a right of first refusal in favor of Checkered Flag is found in the plain language of the contract, it had waived that right. MAT raises as defenses to the enforcement of the alleged right of first refusal the contentions that: (1) no contract existed creating a right of first refusal because Checkered Flag did not unqualifiedly accept the terms upon which MAT offered such a right (2) even assuming Checkered Flag accepted MAT's offer, the agreement must fail for indefiniteness as to material terms (3) Checkered Flag expressly waived the right of first refusal (4) Checkered Flag is estopped by its actio ns from asse rting any rig ht of first re fusal (5) Checkered Flag exercised the right of first refusal by declining acceptance and (6) the right of first refusal is void as violative of Virginia public policy and the Anti-Trust Act.
(Checkered Flag) a right of first refusal in the bidding for a new Toyota dealership franchise in Chesapeake, Norfolk or Virginia Beach, Virginia, granted by Mid-Atlantic Toyota Distributors, Inc. PER CURIAM: 1 The parties to this action seek a determination concerning the alleged existence and enforceability of a contract purporting to give Checkered Flag Motor Car Company, Inc.
United States District Judge for the Eastern District of Virginia, sitting by designation.
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