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7-2-615
Section 7-2-615 Excuse by failure of presupposed conditions. Except so far as a seller may
have assumed a greater obligation and subject to Section 7-2-614 on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs
(b) and (c) is not a breach of his duty under a contract for sale if performance as agreed
has been made impracticable by the occurrence of a contingency the nonoccurrence of which
was a basic assumption on which the contract was made or by compliance in good faith with
any applicable foreign or domestic governmental regulation or order whether or not it later
proves to be invalid. (b) Where the causes mentioned in paragraph (a) affect only a part of
the seller's capacity to perform, he must allocate production and deliveries among his customers
but may at his option include regular customers not then under contract as well as his own
requirements for further manufacture. He may so allocate in any manner...
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7-2A-401
Section 7-2A-401 Insecurity: Adequate assurance of performance. (1) A lease contract imposes
an obligation on each party that the other's expectation of receiving due performance will
not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance
of either party, the insecure party may demand in writing adequate assurance of due performance.
Until the insecure party receives that assurance, if commercially reasonable the insecure
party may suspend any performance for which he or she has not already received the agreed
return. (3) A repudiation of the lease contract occurs if assurance of due performance adequate
under the circumstances of the particular case is not provided to the insecure party within
a reasonable time, not to exceed 30 days after receipt of the demand by the other party. (4)
Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance
offered must be determined according to commercial standards....
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27-27-7
Section 27-27-7 Solicitation permit - Issuance; contents; compliance with terms. (a) Upon the
filing of any bond required by Sections 27-27-10 or 27-27-16, after notice by the commissioner
provided for in subsection (a) of Section 27-27-6, or upon his decision to grant a solicitation
permit if such a bond is not so required, the commissioner shall issue to the applicant or
to the newly formed corporation, if the application is on behalf of a newly formed incorporated
domestic insurer, a solicitation permit. Every solicitation permit issued by the commissioner
shall contain provisions in substance as follows: (1) State the securities or other rights
or interests for which subscriptions are to be solicited, the number, classes, par value,
and selling price thereof, or identify the insurance contract, or contracts, for which applications
and advance premiums or deposits of premium are to be solicited in the case of mutual or reciprocal
insurers; (2) Require that any particular class of...
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41-22-12
of notice; power of presiding officer to issue subpoenas, discovery and protective orders;
procedure upon failure of notified party to appear; presentation of evidence and argument;
right to counsel; disposition by stipulation, settlement, etc.; contents of record; public
attendance at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested
case, all parties shall be afforded an opportunity for hearing after reasonable notice in
writing delivered either by personal service as in civil actions or by certified mail,
return receipt requested. However, an agency may provide by rule for the delivery of such
notice by other means, including, where permitted by existing statute, delivery by first class
mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery
of the notice referred to in this subsection shall constitute commencement of the contested
case proceeding. (b) The notice shall include: (1) A statement of the time,...
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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under the lease
contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or, if agreed, after
other default by the lessee, if the lessor complies with subsection (2), the lessor may recover
from the lessee as damages: (a) for goods accepted by the lessee and not repossessed by or
tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable
time after risk of loss passes to the lessee (Section 7-2A-219), (i) accrued and unpaid rent
as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the
same date of the rent for the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under Section 7-2A-530, less expenses saved in consequence
of the lessee's default; and (b) for goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable...
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7-2-320
Section 7-2-320 C.I.F. and C. & F. terms. (1) The term C.I.F. means that the price includes
in a lump sum the cost of the goods and the insurance and freight to the named destination.
The term C. & F. or C.F. means that the price so includes cost and freight to the named
destination. (2) Unless otherwise agreed and even though used only in connection with the
stated price and destination, the term C.I.F. destination or its equivalent requires the seller
at his own expense and risk to: (a) Put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation
to the named destination; and (b) Load the goods and obtain a receipt from the carrier (which
may be contained in the bill of lading) showing that the freight has been paid or provided
for; and (c) Obtain a policy or certificate of insurance, including any war risk insurance,
of a kind and on terms then current at the port of shipment in the usual...
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16-1-2
Section 16-1-2 Inspection of buildings during and after construction; acceptance of completed
construction; forms for construction contracts. In order to eliminate the causes of school
fires and other conditions which jeopardize the health and safety of school children: (1)
The county or city superintendent of education shall notify the State Superintendent of Education
within 10 days after the beginning of the construction of a building; and, upon the request
of the county or city superintendent of education, the State Superintendent of Education or
his agent shall inspect said building during construction for the purpose of seeing that plans
and specifications upon which the contract was let are being complied with. (2) A county or
city superintendent of education shall not recommend and a county or city board of education
shall not approve for payment more than 90 percent of the contract price of the building constructed
by the county or city board of education until the State...
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8-20A-2
Section 8-20A-2 Obligations of manufacturer. (a) If a new motor vehicle does not conform to
any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer,
its agent, or its authorized dealer, and gives notice of the nonconforming condition during
the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make
such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition
thereof. Such repairs shall be required even after the expiration of the lemon law rights
period provided that notice of the nonconforming condition was first given during the lemon
law rights period and provided further that the manufacturer's obligation to repair the nonconforming
condition shall not extend beyond the period of 24 months following delivery of the vehicle
or 24,000 miles, whichever occurs first. (b) If, after reasonable attempts, the manufacturer,
its agent, or its authorized dealer is unable to conform the...
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23-2-149
Section 23-2-149 Trust agreements securing bond issues; authorized provisions protecting holders;
pledge of revenues. In the discretion of the authority, any bonds issued under the provisions
of this article may be secured by a trust agreement by and between the authority and a corporate
trustee, which may be any trust company, or bank having the powers of a trust company, within
or without the state. The trust agreement or the resolution providing for the issuance of
such bonds subject to the provisions of Section 23-2-147, may pledge or assign tolls or other
revenues to which the authority's right then exists or which may thereafter come into existence,
and the moneys derived therefrom, and the proceeds of such bonds; provided, however, that
the trust agreement or resolution shall not convey or mortgage any toll road, bridge or tunnel
project or any part thereof. Such trust agreement or resolution providing for the issuance
of bonds may contain such provisions for protecting and...
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9-10-38
Section 9-10-38 Security for bonds. (a) At the discretion of the corporation, any bonds issued
under the provisions of this article may be secured by a trust agreement by and between the
corporation and a corporate trustee, which may be any trust company or bank having the powers
of a trust company within or without the state. The trust agreement or the resolution providing
for the issuance of such bonds, subject to the provisions of Section 9-10-35, may pledge or
assign tolls, rentals, sales receipts or other revenues to which the corporation's right then
exists or which may thereafter come into existence and the moneys derived therefrom and the
proceeds of such bonds; provided, however, that the trust agreement or resolution shall not
convey or mortgage any project or any part thereof. (b) Such trust agreement or resolution
providing for the issuance of bonds may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and...
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