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7-2A-403
Section 7-2A-403 Retraction of anticipatory repudiation. (1) Until the repudiating party's
next performance is due, the repudiating party can retract the repudiation unless, since the
repudiation, the aggrieved party has cancelled the lease contract or materially changed the
aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation
final. (2) Retraction may be by any method that clearly indicates to the aggrieved party that
the repudiating party intends to perform under the lease contract and includes any assurance
demanded under Section 7-2A-401. (3) Retraction reinstates a repudiating party's rights under
a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned
by the repudiation. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, ยง403.)...
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7-2-611
Section 7-2-611 Retraction of anticipatory repudiation. (1) Until the repudiating party's next
performance is due he can retract his repudiation unless the aggrieved party has since the
repudiation cancelled or materially changed his position or otherwise indicated that he considers
the repudiation final. (2) Retraction may be by any method which clearly indicates to the
aggrieved party that the repudiating party intends to perform, but must include any assurance
justifiably demanded under the provisions of this article (Section 7-2-609). (3) Retraction
reinstates the repudiating party's rights under the contract with due excuse and allowance
to the aggrieved party for any delay occasioned by the repudiation. (Acts 1965, No. 549, p.
811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-611.htm - 1K - Match Info - Similar pages
7-2A-402
Section 7-2A-402 Anticipatory repudiation. (1) If either party repudiates a lease contract
with respect to a performance not yet due under the lease contract, the loss of which performance
will substantially impair the value of the lease contract to the other, the aggrieved party
may: (a) for a commercially reasonable time, await retraction of repudiation and performance
by the repudiating party; (b) make demand pursuant to Section 7-2A-401 and await assurance
of future performance adequate under the circumstances of the particular case; or (c) resort
to any right or remedy upon default under the lease contract or this article, even though
the aggrieved party has notified the repudiating party that the aggrieved party would await
the repudiating party's performance and assurance and has urged retraction. (2) In addition,
whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved
party may suspend performance or, if the aggrieved party is the lessor,...
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7-2-610
Section 7-2-610 Anticipatory repudiation. When either party repudiates the contract with respect
to a performance not yet due the loss of which will substantially impair the value of the
contract to the other, the aggrieved party may: (a) For a commercially reasonable time await
performance by the repudiating party; or (b) Resort to any remedy for breach (Section 7-2-703
or Section 7-2-711), even though he has notified the repudiating party that he would await
the latter's performance and has urged retraction; and (c) In either case suspend his own
performance or proceed in accordance with the provisions of this article on the seller's right
to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section
7-2-704). (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-610.htm - 1K - Match Info - Similar pages
7-2-723
Section 7-2-723 Proof of market price: Time and place. (1) If an action based on anticipatory
repudiation comes to trial before the time for performance with respect to some or all of
the goods, any damages based on market price (Section 7-2-708 or Section 7-2-713) shall be
determined according to the price of such goods prevailing at the time when the aggrieved
party learned of the repudiation. (2) If evidence of a price prevailing at the times or places
described in this article is not readily available the price prevailing within any reasonable
time before or after the time described or at any other place which in commercial judgment
or under usage of trade would serve as a reasonable substitute for the one described may be
used, making any proper allowance for the cost of transporting the goods to or from such other
place. (3) Evidence of a relevant price prevailing at a time or place other than the one described
in this article offered by one party is not admissible unless and...
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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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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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8-20-7.1
Section 8-20-7.1 Compensation of dealers for recall repairs. (a) For the purposes of this section,
the following words have the following meanings: (1) MANUFACTURER. A manufacturer, distributor
or wholesaler, factory branch, or distributor branch. (2) STOP-SALE ORDER. A notification
issued by a manufacturer to its franchised new motor vehicle dealers stating that certain
used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due
to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts
required by the manufacturer to perform recall repairs. Compensation for recall repairs shall
be reasonable. If parts or a remedy are not reasonably available to perform a recall service
or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles
of the same line-make within 30 days of the manufacturer issuing the...
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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section 45-49-252.03
shall be issued in the following manner: (1) Any person desiring to obtain a permit shall
file an application for a permit with the director on application forms provided by the director
and shall accompany such application with: a. Name and address of the applicant, showing its
legal identity (individual, partnership, corporation, etc.). b. The business address of the
applicant. c. An inventory of all motorized equipment or other equipment to be used in such
collection, transportation, or disposal. d. The methods of storage, transport, and processing
to be used. e. The location and type of processing or disposal, or both, contemplated. f.
The types and amounts of wastes to be covered by permit, including a description of the project
or process generating wastes. g. The route or routes to be used in transporting and schedules
used. h. Issuance of county permits shall not relieve applicants...
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27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
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