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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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33-5-53
Section 33-5-53 Boater safety certification; application fee; examinations; exemptions. (a)
Every person who applies for a boater safety certification under this article, except as otherwise
provided in this subsection, shall pay a five dollar ($5) application fee and be given either
a certificate of exemption from examination if applicable, or will be given an examination,
either written or oral, before applying to the judge of probate or license commissioner for
the issuance of the certification. No person shall be eligible for, or issued, an exemption
from examination in the event the person is convicted, on or after April 28, 1994, of violating
any crime relating to the operation of a vessel, whether contained in this article or otherwise,
for which a person's boater safety certification or vessel operating privileges shall be suspended
or revoked pursuant to this article. The person shall first apply to either the officer, state
trooper, or duly authorized agent of the Director of...
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11-48-65
Section 11-48-65 Article not to affect power of municipality to compel property owners to repair
sidewalks, etc. Nothing in this article shall be so construed as to take from any city or
town or in any manner affect the power and authority to compel the property owners, by penal
ordinance or otherwise, to repair the sidewalks in front of their property in such manner
and with such material as may be directed under the supervision of the engineer or other officer
or agent of the city or town or to cause such repairs to be made at the expense of the property
owner, such expense to be collected as in the case of taxes. (Code 1907, §1419; Code 1923,
§2236; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §573.)...
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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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41-10-44.2
Section 41-10-44.2 Additional definitions. In addition to the definitions contained in Sections
41-10-20 and 41-10-36, the following terms shall have the following meanings, respectively,
when used in this Article 2A unless the context clearly requires otherwise: (1) APPROVED COMPANY.
Any corporation, partnership, trust or other form of business entity approved by the authority
pursuant to the provisions hereof. (2) FINANCING AGREEMENT. Any loan, agreement, financing
agreement, credit agreement, security agreement, mortgage, guaranty agreement or other type
of agreement entered into by the authority and an approved company in connection with the
financing of a project by the authority. (3) INDUSTRIAL or RESEARCH ENTERPRISE. Any trade
or business described in 1987 Standard Industrial Classification Major Group 07, Major Groups
20 through 39, inclusive, 50 and 51, Industrial Group Number 737, and Industry Numbers 8731,
8733 and 8734, as set forth in the Standard Industrial Classification...
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7-2A-503
Section 7-2A-503 Modification or impairment of rights and remedies. (1) Except as otherwise
provided in this article, the lease agreement may include rights and remedies for default
in addition to or in substitution for those provided in this article and may limit or alter
the measure of damages recoverable under this article. (2) Resort to a remedy provided under
this article or in the lease agreement is optional unless the remedy is expressly agreed to
be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided
in this article. (3) Consequential damages may be liquidated under Section 7-2A-504, or may
otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury
to the person in the case of consumer goods is prima facie unconscionable but...
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11-85-20
Section 11-85-20 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) GOVERNMENTAL UNIT. Counties and municipalities. (2) GOVERNING BODY. The chief legislative
body of a governmental unit. (3) MUNICIPALITY. Such term shall include cities and towns. (4)
REGION. All the geographical area contained within the aggregate territorial limits of all
governmental units participating in the establishment of a region for planning as provided
in this article. (5) ADVISORY PLANNING. Continuing and systematic studies of the land economics
and land policies of a region in terms of social and economic betterment of said region, together
with the submission of interim and final results of said systematic and continuous studies
to the governing bodies of constituent governmental units for review, adoption, rejection,
or implementation thereof in whole or in part. Said term shall not be...
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22-21-131
Section 22-21-131 Purpose and construction of article. It is the intention of the Legislature
by the passage of this article to empower each incorporated city and town in the state to
authorize the incorporation of one or more public corporations as political subdivisions of
the state for the purpose of providing public hospital facilities, to invest each corporation
organized under this article with all powers that may be necessary to enable it to accomplish
such purposes, including the power to lease or operate its properties and to issue interest-bearing
revenue bonds, and to grant to the municipality power to rent such public hospital facilities
on a year-to-year basis and to pledge tax revenues to secure the rent payable therefor. This
article shall be liberally construed in conformity with the said intent. (Acts 1961, No. 109,
p. 134, §1; Acts 1978, No. 409, p. 394, §2.)...
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40-18-415
Section 40-18-415 (Per Section 40-18-416, this section is repealed following the close of fiscal
year 2020) Forms; construction of article; rulemaking authority. (a) All filings and applications
made with any department of the state government shall be made using forms promulgated by
such department. Any such filing shall be treated as a tax return, subject to penalties imposed
by the Department of Revenue. (b) Nothing in this article shall be construed to constitute
a guarantee or assumption by the state of any debt of any company nor to authorize the credit
of the state to be given, pledged, or loaned to any company. (c) Nothing in this article shall
be construed to make available to any taxpayer any right to the benefits conferred by this
article absent strict compliance with this article. (d) Nothing in this article shall be construed
to limit the powers otherwise existing for the Department of Revenue to audit and assess a
taxpayer claiming the Growing Alabama Credit. (e) Nothing...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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