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7-2A-513
Section 7-2A-513 Cure by lessor of improper tender or delivery; replacement. (1) If any tender
or delivery by the lessor or the supplier is rejected because it is nonconforming and the
time for performance has not yet expired, the lessor or the supplier may seasonably notify
the lessee of the lessor's or the supplier's intention to cure and may then make a conforming
delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming
tender that the lessor or the supplier had reasonable grounds to believe would be acceptable
with or without money allowance, the lessor or the supplier may have a further reasonable
time to substitute a conforming tender if he or she seasonably notifies the lessee. (Acts
1992, 2nd Ex. Sess., No. 92-700, p. 92, ยง513.)...
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27-40-1
Section 27-40-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the following meanings: (1) INSURANCE PREMIUM FINANCE COMPANY. A person engaged
in the business of entering into premium finance agreements. (2) PREMIUM FINANCE AGREEMENT.
An agreement by which an insured or prospective insured promises to pay to a premium finance
company the amount advanced or to be advanced under the agreement to an insurer or to an insurance
agent or broker in payment of premiums on an insurance contract together with a service charge,
as authorized and limited by this chapter, and charges for wind mitigation construction financing,
as approved by the commissioner. (3) LICENSEE. A premium finance company holding a license
issued under this chapter. (4) PERSON. An individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company, or any other group of individuals
however organized. (5) INSURANCE CONTRACT. The...
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7-1-203
Section 7-1-203 Lease distinguished from security interest. (a) Whether a transaction in the
form of a lease creates a lease or security interest is determined by the facts of each case.
(b) A transaction in the form of a lease creates a security interest if the consideration
that the lessee is to pay the lessor for the right to possession and use of the goods is an
obligation for the term of the lease and is not subject to termination by the lessee, and:
(1) The original term of the lease is equal to or greater than the remaining economic life
of the goods; (2) The lessee is bound to renew the lease for the remaining economic life of
the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew
the lease for the remaining economic life of the goods for no additional consideration or
for nominal additional consideration upon compliance with the lease agreement; or (4) The
lessee has an option to become the owner of the goods for no additional...
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10A-20-9.05
Section 10A-20-9.05 Recognition of associations of lessees, etc.; arbitration of certain disputes
arising under real estate leases. (a) Any corporation organized under this article for the
purpose of demonstrating the single tax principal shall, as soon as practicable after August
25, 1976, amend its corporate charter to provide that it will recognize an association of
its lessees and will deal with representatives of the association on any and all matters relating
to leased corporate lands in any manner. (b) Any corporation organized under this article
for the purpose of demonstrating the single tax principal shall, as soon as practicable after
August 25, 1976, amend its corporate charter to provide that any lease agreement covering
real estate shall provide that the lessee may give written notice to the lessor that the lessee
objects to the amount of the rent claimed or requested by the lessor. Upon receipt of the
written notice, the lessor and the lessee, or any association of...
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23-2-167
Section 23-2-167 Definitions. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019 REGULAR
SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
As used in this article, the following words shall have the following meanings: (1) AUTHORITY.
The Alabama Toll Road, Bridge and Tunnel Authority, as defined in Section 23-2-142. (2) DEPARTMENT.
The Department of Transportation. (3) ELECTRONIC TOLL COLLECTION. A method of collecting tolls
or charges which is capable of charging an account holder the appropriate toll or charge including,
but not limited to, either of the following: a. The transmission of information from an electronic
device on a motor vehicle to the toll system, which information is used to charge the account
the appropriate toll or charge. b. The transmission of license plate information from a photo-monitoring
system to the toll system, which information is used to charge the account the appropriate
toll or charge. (4) ELECTRONIC...
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27-41-30
Section 27-41-30 Particular investments - Loans, notes, etc., secured by mortgages and leases
on real property. An insurer may invest in loans, notes, bonds, or other evidences of indebtedness
of any person up to the fair value of real property securing said indebtedness, upon compliance
with the following conditions and provisions: (1) The indebtedness must be secured by a first
mortgage lien on real property having a fair value of not less than the principal amount of
the loan, except as provided in subdivision (8) of this section; (2) The indebtedness must
be additionally secured by a lease on said real property, which lease must be assigned and
transferred by the lessor to the lender or to a trustee of the lender under a trust instrument;
(3) The lease so assigned as additional security must be noncancellable and may be terminated
only upon such conditions as are generally provided in commercial leases, such as, for example,
destruction by fire, tornado, or similar hazard or...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty
in regard to accepted goods. (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 lessee elects not to cover or a lessee elects
to cover and the cover is by lease agreement that for any reason does not qualify for treatment
under Section 7-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery
or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is
the present value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default. (2) Market...
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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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23-2-171
Section 23-2-171 Defense against liability. The owner of the motor vehicle involved in the
violation is responsible and liable for payment of a citation issued for failure to pay a
toll, unless: (1) The owner can establish that the motor vehicle was stolen at the time of
the violation. In order to establish such facts, the owner of the motor vehicle is required
to furnish the court with a police report indicating that the vehicle was stolen at the time
of the alleged violation. (2) If the motor vehicle involved in the violation is leased to
another person or entity, the lessor is not liable for the violation if the lessor sends to
the authority, department, private toll entity, or an agent or representative thereof, within
the time provided for response by the notice or citation, as applicable, a copy of the rental,
lease, or another contract document, or an affidavit, covering the vehicle on the date of
the violation, with the name and address of the lessee clearly legible, within the...
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