41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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7-2-207
Section 7-2-207 Additional terms in acceptance or confirmation. (1) A definite and seasonable
expression of acceptance or a written confirmation which is sent within a reasonable time
operates as an acceptance even though it states terms additional to or different from those
offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional
or different terms. (2) The additional terms are to be construed as proposals for addition
to the contract. Between merchants such terms become part of the contract unless: (a) The
offer expressly limits acceptance to the terms of the offer; (b) They materially alter it;
or (c) Notification of objection to them has already been given or is given within a reasonable
time after notice of them is received. (3) Conduct by both parties which recognizes the existence
of a contract is sufficient to establish a contract for sale although the writings of the
parties do not otherwise establish a contract. In such case the...
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8-1-128
Section 8-1-128 Establishing office to engage in business of "futures". If any person,
corporation or other association of persons, either as principals or agents, shall establish
or open an office or other place of business in this state for the purpose of carrying on
or engaging in any business of making contracts to sell and deliver any cotton, Indian corn,
wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee,
stocks, bonds, or choses in action at a place and a time specified and agreed upon therein
to any other person, whether the person to whom such article is so agreed to be sold and delivered
shall be a party to such contract or not, when in fact and notwithstanding the terms expressed
in such contracts it is not intended by the parties thereto that the articles or things so
agreed to be sold and delivered shall be actually delivered or the value thereof paid, but
rather it is intended and understood by them that money or other thing of...
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11-50A-31
Section 11-50A-31 Effectiveness of pledges and security interests. Any pledge or security interest
created or granted by the authority shall be valid and binding from the time when the same
is made; moneys or property which are the subject of such pledge or security interest and
then held or thereafter received by the authority shall immediately be subject to such pledge
or security interest without any physical delivery thereof or further act; and such pledge
or security interest shall be valid and binding as against all parties having claims of any
kind in tort, contract or otherwise against the authority, irrespective of whether or not
such parties have notice thereof. Neither the bond resolution, trust agreement or indenture
nor any other instrument relating to bonds, bond anticipation notes or notes or otherwise
creating or granting any such pledge or security interest need be filed or recorded in any
office other than with the records of the authority. (Acts 1981, No. 81-681, p....
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7-2A-201
Section 7-2A-201 Statute of frauds. (1) A lease contract is not enforceable by way of action
or defense unless: (a) the total payments to be made under the lease contract, excluding payments
for options to renew or buy, are less than $1,000; or (b) there is a writing, signed by the
party against whom enforcement is sought or by that party's authorized agent, sufficient to
indicate that a lease contract has been made between the parties and to describe the goods
leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient
and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies
what is described. (3) A writing is not insufficient because it omits or incorrectly states
a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond
the lease term and the quantity of goods shown in the writing. (4) A lease contract that does
not satisfy the requirements of subsection (1), but which is...
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33-2-192
Section 33-2-192 Docks facilities revenue bonds and refunding bonds - Pledge. All moneys hereby
pledged shall constitute a sinking fund for the purpose of paying the principal of, premium,
if any, and the interest on the docks facilities revenue bonds and refunding bonds. As security
for the payment of the principal of, premium, if any, and interest on the docks facilities
revenue bonds and the refunding bonds issued under this article, the department is authorized
to pledge the proceeds of the pledge herein provided for, including moneys on deposit in any
interest account or reserve account herein authorized to be created and the interest income
from the investment of moneys on deposit in such interest account or reserve account, and
the docks facilities construction and acquisition account. Any pledge made pursuant to this
section shall be valid and binding from the time the pledge is made. The income or revenue
so pledged shall immediately be subject to the lien of the pledge...
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7-1-302
Section 7-1-302 Variation by agreement. (a) Except as otherwise provided in subsection (b)
or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this
title may not be disclaimed by agreement. The parties, by agreement, may determine the standards
by which the performance of those obligations is to be measured if those standards are not
manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable
time, a time that is not manifestly unreasonable may be fixed by agreement. (c) The presence
in certain provisions of this title of the phrase "unless otherwise agreed," or
words of similar import, does not imply that the effect of other provisions may not be varied
by agreement under this section. (Act 2004-524, p. 1070, §1.)...
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7-2-609
Section 7-2-609 Right to adequate assurance of performance. (1) A contract for sale imposes
an obligation on each party that the other's expectation of receiving due performance will
not be impaired. When reasonable grounds for insecurity arise with respect to the performance
of either party the other may in writing demand adequate assurance of due performance and
until he receives such assurance may if commercially reasonable suspend any performance for
which he has not already received the agreed return. (2) Between merchants the reasonableness
of grounds for insecurity and the adequacy of any assurance offered shall be determined according
to commercial standards. (3) Acceptance of any improper delivery or payment does not prejudice
the aggrieved party's right to demand adequate assurance of future performance. (4) After
receipt of a justified demand, failure to provide within a reasonable time not exceeding 30
days such assurance of due performance as is adequate under the...
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11-86A-15
Section 11-86A-15 Security for bonds. (a) In the discretion of the board of directors of an
authority, any bonds may be secured by an indenture between an authority and a trustee, which
may be a trust company or bank having trust powers, whether the trust company or bank is located
within or outside of the state. In any indenture or resolution providing for the issuance
of bonds, an authority may pledge, for payment of the principal of and the interest on such
bonds, any of its revenues to which its rights exist or may thereafter come into existence,
and may assign, as security for payment, any of its leases, franchises, permits, and contracts.
In any indenture, an authority may mortgage any properties, including any that may be thereafter
acquired by it, and may provide that in the event of a default in payment of the bonds secured
thereby or in the event of default with respect to any agreement contained therein, the mortgage
may be foreclosed either by sale at public outcry or by...
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