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7-2A-208
Section 7-2A-208 Modification, rescission and waiver. (1) An agreement modifying a lease contract
needs no consideration to be binding. (2) A signed lease agreement that excludes modification
or rescission except by a signed writing may not be otherwise modified or rescinded, but,
except as between merchants, such a requirement on a form supplied by a merchant must be separately
signed by the other party. (3) The requirements of the statute of frauds section of this article
(Section 7-2A-201) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of
subsection (2), it may operate as a waiver. (5) A party who has made a waiver affecting an
executory portion of a lease contract may retract the waiver by reasonable notification received
by the other party that strict performance will be required of any term waived, unless the
retraction would be unjust in view of a material change of...
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7-2-209
Section 7-2-209 Modification, rescission and waiver. (1) An agreement modifying a contract
within this article needs no consideration to be binding. (2) A signed agreement which excludes
modification or rescission except by a signed writing cannot be otherwise modified or rescinded,
but except as between merchants such a requirement on a form supplied by the merchant must
be separately signed by the other party. (3) The requirements of the statute of frauds section
of this article (Section 7-2-201) must be satisfied if the contract as modified is within
its provisions. (4) Although an attempt at modification or rescission does not satisfy the
requirements of subsection (2) or (3) it can operate as a waiver. (5) A party who has made
a waiver affecting an executory portion of the contract may retract the waiver by reasonable
notification received by the other party that strict performance will be required of any term
waived, unless the retraction would be unjust in view of a material...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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7-2A-209
Section 7-2A-209 Lessee under finance lease as beneficiary of supply contract. (1) The benefit
of a supplier's promises to the lessor under the supply contract and of all warranties, whether
express or implied, including those of any third party provided in connection with or as part
of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest
under a finance lease related to the supply contract, but is subject to the terms of the warranty
and of the supply contract and all defenses or claims arising therefrom. (2) The extension
of the benefit of a supplier's promises and of warranties to the lessee (Section 7-2A-209(1))
does not: (i) modify the rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract
on the lessee. (3) Any modification or rescission of the supply contract by the supplier and
the lessor is effective between the supplier and the...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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45-39-221.03
Section 45-39-221.03 Powers of tourism board. (a) The tourism board may conduct programs and
events, including, but not limited to, programs of information and publicity, sporting events,
and other public events to attract tourists and visitors to the county. The tourism board
may conduct programs or events in the state and elsewhere and expend its funds in the furtherance
of such programs and events in the state and elsewhere. (b) The tourism board may enter into
contracts with any person, firm, corporation, or association to carry out the purposes set
forth herein. No contract entered into by the tourism board shall bind either the state, the
county, or any municipality. (c) The tourism board shall have the following additional powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To sue and be sued in its own name in civil suits and actions, and to defend suits
and actions against it, including suits and actions ex delicto...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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11-50A-9
Section 11-50A-9 Issuance of bonds; prerequisites; procedure; provisions; execution; bond resolution
covenants. (a) The authority shall, prior to the adoption by the board of a resolution authorizing
the issuance of any bonds, enter into one or more contracts with two or more municipalities
which are authorized to contract with the authority pursuant to Section 11-50A-17. Any resolution
of the board authorizing the issuance of bonds may authorize those bonds to be issued in more
than one series, and the issuance of each series of bonds so authorized by that resolution
need not be preceded by the entering into by the authority of additional contracts pursuant
to Section 11-50A-17. (b) The board may by resolution or resolutions authorize the issuance
of bonds. Unless otherwise provided therein, the resolution or resolutions shall take effect
immediately and need not be published or posted. The board may authorize such types of bonds
as it may determine, subject only to any agreement with...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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