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7-2A-528
Section 7-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or
other default. (1) Except as otherwise provided with respect to damages liquidated in the
lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessor elects to retain the goods or a lessor
elects to dispose of the goods and the disposition is by lease agreement that for any reason
does not qualify for treatment under Section 7-2A-527(2), or is by sale or otherwise,
the lessor may recover from the lessee as damages for a default of the type described in Section
7-2A-523(1) or 7-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued
and unpaid rent as of the date of default if the lessee has never taken possession of the
goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses
the goods or an earlier date on which the lessee makes a tender of the goods to the...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach
by either party may be liquidated in the agreement but only at an amount which is reasonable
in the light of the anticipated or actual harm caused by the breach, the difficulties of proof
of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
A term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him or her is in violation of the
ownership rights or security interest or leasehold interest of a third party in the goods,
buys in ordinary course from a person in the business of selling goods of that kind but does
not include a pawnbroker. "Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving goods or documents of title under
a pre-existing contract for sale but does not include a transfer in bulk or as security for
or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when
either party puts an end to the lease contract for default by the other party. (c) "Commercial
unit" means such a unit of goods as by commercial usage is a single whole for purposes
of lease and...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the
context otherwise requires: (1) "Bailee" means a person that by a warehouse receipt,
bill of lading, or other document of title acknowledges possession of goods and contracts
to deliver them. (2) A "carrier" means a person that issues a bill of lading. (3)
"Consignee" means a person named in a bill of lading to which or to whose order
the bill promises delivery. (4) "Consignor" means a person named in a bill of lading
as the person from which the goods have been received for shipment. (5) "Delivery order"
means a record that contains an order to deliver goods directed to a warehouse, carrier, or
other person that in the ordinary course of business issues warehouse receipts or bills of
lading. (6) "Good faith" means honesty in fact in the conduct or transaction concerned.
(7) "Goods" means all things that are treated as movable for the purposes of a contract
for storage or transportation. (8) "Issuer"...
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37-2-21
Section 37-2-21 Bills of lading or receipts - When issued; contents; receipt for cotton
in bales; common-law liability not affected. (a) Every transportation company receiving property
for transportation, originating and terminating in this state, shall issue to the shipper
a receipt or bill of lading therefor in which shall be stated the class or classes of freight
shipped and the rate to the point of destination and aggregate charge made for the transportation
and shall be liable to the lawful holder thereof for any loss, damage or injury to such property
negligently caused by it or by any transportation company to which said property may be delivered,
or over whose lines such property may pass; and no contract, stipulation, receipt, rule or
regulation contained in said receipt or bill of lading, or otherwise, shall exempt such transportation
company from the liability hereby imposed; but nothing in this subsection shall deprive any
holder of such receipt or bill of lading of any...
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37-2-31
Section 37-2-31 Duty to receive or transport freight; liability for failure or delay.
Every transportation company subject to the provisions of this chapter, its agents or officers,
whose duty it is to receive freights, shall receive all articles of the nature and kind received
by said companies for transportation whenever tendered at a regular station at proper hours
and in good shipping condition, according to reasonable rules prescribed by the transportation
company or the Public Service Commission, and every loaded car tendered at a sidetrack or
any warehouse connected with the railroad by a siding, and shall forward the same without
delay and within a reasonable time to the point of destination, under and in compliance with
such reasonable rules, regulations and requirements as may be prescribed by the Public Service
Commission or by law, and, upon the failure of any such railroad company or other transportation
company doing business in this state to so receive and so transport...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03,
as used in this chapter, unless otherwise specified or unless the context otherwise requires,
the following terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all
classes and series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL
STOCKHOLDER means a person who owns the beneficial interest in stock, which is either a record
stockholder or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any
other documents permitted or required to be delivered for filing by a corporation with the
Secretary of State under this chapter or Chapter 1 that modify, amend, supplement, restate,
or replace the certificate of incorporation. After an amendment of the certificate...
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27-19-105
Section 27-19-105 Regulations for long-term care policies; outline of coverage, policy
summary, and monthly report. (a) The commissioner may adopt regulations that include standards
for full and fair disclosure setting forth the manner, content, and required disclosures for
the sale of long-term care insurance policies, terms of renewability, initial and subsequent
conditions of eligibility, nonduplication of coverage provisions, coverage of dependents,
preexisting conditions, termination of insurance, continuation or conversion, probationary
periods, limitations, exceptions, reductions, elimination periods, requirements for replacement,
recurrent conditions, and definitions of terms. Regulations under this subsection should recognize
the developing and unique nature of long-term care insurance and the distinction between group
and individual long-term insurance policies. (b) No long-term care insurance policy may do
any of the following: (1) Be cancelled, nonrenewed, or otherwise...
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22-6-153
Section 22-6-153 Contract to provide medical care to Medicaid beneficiaries; enrollment;
grievance procedures; duties of Medicaid Agency. (a) Subject to approval of the federal Centers
for Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each
Medicaid region for at least one fully certified regional care organization to provide, pursuant
to a risk contract under which the Medicaid Agency makes a capitated payment, medical care
to Medicaid beneficiaries. However, the Medicaid Agency may enter into a contract pursuant
to this section only if, in the judgment of the Medicaid Agency, care of Medicaid beneficiaries
would be better, more efficient, and less costly than under the then existing care delivery
system. The Medicaid Agency may contract with more than one regional care organization in
a Medicaid region. Pursuant to the contract, the Medicaid Agency shall set capitation payments
for the regional care organization. (b) The Medicaid Agency shall...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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