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16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
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7-2A-214
examined the goods or the sample or model as fully as desired or has refused to examine the
goods, there is no implied warranty with regard to defects that an examination ought in the
circumstances to have revealed; and (c) an implied warranty may also be excluded or modified
by course of dealing, course of performance, or usage of trade. (4) To exclude or modify a
warranty against interference or against infringement (Section 7-2A-211) or any part of it,
the language must be specific, be by a writing, and be conspicuous, unless the circumstances,
including course of performance, course of dealing, or usage of trade, give the lessee reason
to know that the goods are being leased subject to a claim or interest of any person. (5)
Nothing in subsection (2) or subsection (3)(a) or in Section 7-2A-215 shall be construed so
as to limit or expand the lessor's liability for damages for injury to the person in
the case of consumer goods. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §214.)...
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7-2A-503
unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive
or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is
unconscionable, remedy may be had as provided in this article. (3) Consequential damages may
be liquidated under Section 7-2A-504, or may otherwise be limited, altered, or excluded unless
the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion
of consequential damages for injury to the person in the case of consumer goods is
prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss
is commercial is not prima facie unconscionable. (4) Rights and remedies on default by the
lessor or the lessee with respect to any obligation or promise collateral or ancillary to
the lease contract are not impaired by this article. (5) Nothing in this section or in Section
7-2A-504 shall be construed so as to limit or expand the lessor's liability for...
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37-6-42
contrary to the provisions of Sections 37-14-1 through 37-14-17 or Sections 37-14-30 through
37-14-40. (2) To construct, purchase, take, receive, lease as lessee or otherwise acquire,
and to own, hold, use, equip, maintain, and operate, to sell, assign, transfer, convey, exchange,
lease as lessor, mortgage, pledge or otherwise dispose of or encumber telephone lines, facilities,
or systems, lands, buildings and structures, plants and equipment, and any and all kinds and
classes of real or personal property whatsoever which shall be deemed necessary, convenient,
or appropriate to accomplish the purpose for which the cooperative is organized; provided,
however, that no electric cooperative organized and no corporation converted into an electric
cooperative, under Article 1 of this chapter, shall construct, purchase, take, receive, lease
as lessee, or otherwise acquire or maintain or operate any telephone lines, facilities, plants,
or systems, other than telephone lines, facilities,...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-3.htm - 19K - Match Info - Similar pages
11-62-7
suits and actions and to defend suits against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations,
and rules, not inconsistent with the provisions of this chapter, for the regulation and conduct
of its affairs and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure,
lease, or otherwise, and to expand, improve, maintain, equip, and furnish one or more facilities,
including all real and personal properties that its board may deem necessary in connection
therewith, regardless of whether or not any such facility shall then be in existence and,
if in existence, regardless of whether or not any such facility is then owned or leased by
any user to which such facility may subsequently be sold or leased by such authority; (6)
To borrow money and to sell and issue bonds, notes, or other obligations as hereinafter provided
for any corporate use or purpose; (7) To lease to a user or users...
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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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7-2A-310
or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all
interests in the whole, the lessor or the lessee may (a) on default, expiration, termination,
or cancellation of the lease contract by the other party but subject to the provisions of
the lease contract and this article, or (b) if necessary to enforce his or her other rights
and remedies under this article, remove the goods from the whole, free and clear of all interests
in the whole, but he or she must reimburse any holder of an interest in the whole who is not
the lessee and who has not otherwise agreed for the cost of repair of any physical injury
but not for any diminution in value of the whole caused by the absence of the goods removed
or by any necessity for replacing them. A person entitled to reimbursement may refuse permission
to remove until the party seeking removal gives adequate security for the performance of this
obligation. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §310.)...
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) 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 the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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7-2A-304
Section 7-2A-304 Subsequent lease of goods by lessor. (1) Subject to Section 7-2A-303, a subsequent
lessee from a lessor of goods under an existing lease contract obtains, to the extent of the
leasehold interest transferred, the leasehold interest in the goods that the lessor had or
had power to transfer, and except as provided in subsection (2) and Section 7-2A-527(4), takes
subject to the existing lease contract. A lessor with voidable title has power to transfer
a good leasehold interest to a good faith subsequent lessee for value, but only to the extent
set forth in the preceding sentence. If goods have been delivered under a transaction of purchase,
the lessor has that power even though: (a) the lessor's transferor was deceived as to the
identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored;
(c) it was agreed that the transaction was to be a "cash sale"; or (d) the delivery
was procured through fraud punishable as larcenous under the...
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