7-2A-307
Section 7-2A-307 Priority over lease contract. (1) Except as otherwise provided in Section
7-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise
provided in subsection (3) and in Sections 7-2A-306 and 7-2A-308, a creditor of a lessor takes
subject to the lease contract unless the creditor holds a lien that attached to the goods
before the lease contract became enforceable. (3) Except as otherwise provided in Sections
7-9A-317, 7-9A-321, and 7-9A-323, a lessee takes a leasehold interest subject to a security
interest held by a creditor of the lessor. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §307;
Act 2001-481, p. 647, §2.)...
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13A-8-141
Section 13A-8-141 Prima facie evidence of fraudulent leasing or rental. For the purposes of
Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased
or rented property, and intended, knew or expected that he would not perform the terms and
obligations of the lessee under a rental contract if: (1) The name or address of the lessee
appearing on the written agreement shall, at the time it is signed, be false or fictitious,
and if the lessee fails to return the leased property to the lessor within seven days after
lessor makes written demand for its return, notwithstanding that the term under the rental
contract has not expired; or (2) The rental contract provides for the return of the leased
property to a particular place, at a particular time, and the lessee shall fail to return
the leased property to the place and within the time specified in the said rental contract,
and the lessor thereafter makes written demand for the return of the leased...
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9-17-50
Section 9-17-50 Cancellation on records of lapsed optional leases; liability of lessees for
failure or refusal to mark leases cancelled on records, etc., upon request of lessors. (a)
Whenever by reason of the termination of the full period within which an optional gas and
oil lease which is of record may be kept alive by the payments of rentals or by reason of
the termination of any of the options in such lease by reason of failure on the part of the
lessee to comply with the condition therein for the prevention of forfeiture such lease shall
lapse, the lessee must, on request in writing by the lessor, mark same cancelled on the records
or must furnish the lessor with an instrument, duly acknowledged, directing the cancellation
of such lease on the records. (b) Any lessee failing or refusing to supply the lessor with
such an instrument or failing or refusing to cancel any lease on the records within 30 days
after receiving written demand as above shall be liable to such lessor for a...
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35-4-51.1
Section 35-4-51.1 Recordation of memorandum of lease; contents; effect. (a) A memorandum of
a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged
by the lessor and the lessee and contains: (1) The names of the lessor and lessee; (2) The
term of the lease; (3) Any option of the lessee to renew or extend the term of the lease;
and (4) The specific legal description of the leased premises, or a survey or plot plan authorized
under subsection (c) showing the location of the leased premises. (b) A memorandum recorded
under this section may also contain any other agreement made between the lessor and the lessee
in the lease. (c) A survey or plot plan may be used in lieu of a specific legal description
to describe: (1) Any part of a building on the leased premises, if the specific legal description
of the real property on which the building is located is set forth in the memorandum, survey,
or plot plan; (2) Any part of the leased premises that is...
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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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11-20-4
Section 11-20-4 Requirements as to leasing of projects. Prior to the issuance of any bonds,
the county shall lease the project to a lessee under an agreement providing for payment to
the county of such rentals as will be sufficient: (1) To pay the principal of and interest
on the bonds issued to finance the project as such principal and interest respectively mature;
(2) To build up and maintain any reserves deemed by the county commission to be advisable
in connection therewith; and (3) To pay the cost of maintaining the project in good repair
and keeping it properly insured unless the agreement of lease obligates the lessee to pay
for the maintenance and insurance of the project. (Acts 1961, Ex. Sess., No. 178, p. 2147,
§6.)...
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7-2A-216
Section 7-2A-216 Third-party beneficiaries of express and implied warranties. (1) A warranty
to or for the benefit of a lessee under this article, whether express or implied, extends
to any natural person who may reasonably be expected to use, consume, or be affected by the
goods and who is injured in person by breach of the warranty. (2) This section does not displace
principles of law and equity that extend a warranty to or for the benefit of a lessee to other
persons. (3) The operation of this section may not be excluded, modified, or limited, but
an exclusion, modification, or limitation of the warranty, including any with respect to rights
and remedies, effective against the lessee is also effective against any person referred to
in subsections (1) and (2) of this section. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92,
§216.)...
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7-2A-509
Section 7-2A-509 Lessee's rights on improper delivery; rightful rejection. (1) Subject to the
provisions of Section 7-2A-510 on default in installment lease contracts, if the goods or
the tender or delivery fail in any respect to conform to the lease contract, the lessee may
reject or accept the goods or accept any commercial unit or units and reject the rest of the
goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender
or delivery of the goods and the lessee seasonably notifies the lessor. (Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §509.)...
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41-10-275
Section 41-10-275 Terms and conditions of leasing by authority. The authority, as lessor, and
the Unified Judicial System, as lessee (acting by and through the Chief Justice or his designee)
are hereby authorized to enter into a lease or leases for the use and occupancy of the judicial
facilities constructed by the authority under the provisions of this article by the Unified
Judicial System, including the Supreme Court, the Court of Criminal Appeals, the Court of
Civil Appeals, the State Law Library and the Administrative Office of Courts. Such lease or
leases may commence, at the discretion of the authority and the lessee, at such time as the
judicial facilities are completed and available for occupancy or at such time as the site
for such judicial facilities is made available for construction of the judicial facilities.
The responsibilities for control, management and maintenance of the judicial facilities shall
be, and any lease entered by the authority, as lessor, shall provide...
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41-16A-3
Section 41-16A-3 Definitions. For the purposes of this chapter, the following terms shall have
the respective meanings provided by this section: (a) ALTERNATIVE FINANCING CONTRACT. A lease,
lease-purchase, lease with option to purchase, installment-sale agreement or arrangement,
or other similar agreement or arrangement. (b) GOVERNMENTAL ENTITY. The state; any political
subdivision of the state; any agency, board, commission, or department of the state; any county;
any municipal corporation; any county board of education; any city board of education; any
instrumentality of any of the foregoing; the State Board of Education, acting for the respective
educational institutions under its supervision; each public corporation that conducts one
or more state educational institutions under its supervision; and any public corporation arising
under or organized pursuant to any statute of the state. (c) GRANTOR PARTY. The lessor under
a lease or lease-purchase contract, grantor under an...
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