7-2A-524
Section 7-2A-524 Lessor's right to identify goods to lease contract. (1) A lessor aggrieved
under Section 7-2A-523(1) may: (a) identify to the lease contract conforming goods not already
identified if at the time the lessor learned of the default they were in the lessor's or the
supplier's possession or control; and (b) dispose of goods (Section 7-2A-527(1)) that demonstrably
have been intended for the particular lease contract even though those goods are unfinished.
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the
purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier
may either complete manufacture and wholly identify the goods to the lease contract or cease
manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value
or proceed in any other reasonable manner. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §524.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-524.htm - 1K - Match Info - Similar pages

7-2A-201
Section 7-2A-201 Statute of frauds. (1) A lease contract is not enforceable by way of action
or defense unless: (a) the total payments to be made under the lease contract, excluding payments
for options to renew or buy, are less than $1,000; or (b) there is a writing, signed by the
party against whom enforcement is sought or by that party's authorized agent, sufficient to
indicate that a lease contract has been made between the parties and to describe the goods
leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient
and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies
what is described. (3) A writing is not insufficient because it omits or incorrectly states
a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond
the lease term and the quantity of goods shown in the writing. (4) A lease contract that does
not satisfy the requirements of subsection (1), but which is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-201.htm - 2K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-310.htm - 2K - Match Info - Similar pages

7-2A-518
Section 7-2A-518 Cover; substitute goods. (1) After a default by a lessor under the lease contract
of the type described in Section 7-2A-508(1), or, if agreed, after other default by the lessor,
the lessee may cover by making any purchase or lease of or contract to purchase or lease goods
in substitution for those due from the lessor. (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 a lessee's cover is by a 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 lessee may recover from
the lessor as damages (i) the present value, as of the date of the commencement of the term
of the new lease agreement, of the rent under the new lease agreement applicable to that period
of the new lease term which is comparable to the then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-518.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-529.htm - 3K - Match Info - Similar pages

7-2A-525
Section 7-2A-525 Lessor's right to possession of goods. (1) If a lessor discovers the lessee
to be insolvent, the lessor may refuse to deliver the goods. (2) After a 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, the lessor has the right to take possession
of the goods. If the lease contract so provides, the lessor may require the lessee to assemble
the goods and make them available to the lessor at a place to be designated by the lessor
which is reasonably convenient to both parties. Without removal, the lessor may render unusable
any goods employed in trade or business, and may dispose of goods on the lessee's premises
(Section 7-2A-527). (3) The lessor may proceed under subsection (2) without judicial process
if it can be done without breach of the peace or the lessor may proceed by action. (Acts 1992,
2nd Ex. Sess., No. 92-700, p. 92, §525.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-525.htm - 1K - Match Info - Similar pages

7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-523.htm - 2K - Match Info - Similar pages

6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-314.htm - 1K - Match Info - Similar pages

7-2A-405
Section 7-2A-405 Excused performance. Subject to Section 7-2A-404 on substituted performance,
the following rules apply: (a) Delay in delivery or nondelivery in whole or in part by a lessor
or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract
if performance as agreed has been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance
in good faith with any applicable foreign or domestic governmental regulation or order, whether
or not the regulation or order later proves to be invalid. (b) If the causes mentioned in
paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he or
she shall allocate production and deliveries among his or her customers but at his or her
option may include regular customers not then under contract for sale or lease as well as
his or her own requirements for further manufacture. He or she...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-405.htm - 1K - Match Info - Similar pages

35-11-212
Section 35-11-212 Building or improvement on leased land. (a) When the building or improvement
is erected under or by virtue of any contract with a lessee in possession, and the erection
thereof is not in violation of the terms or conditions of the lease, the lien shall attach
to such building or improvement, and to the unexpired term of the lease, and the holder of
the lien shall have the right to avoid a forfeiture of the lease by paying rent to the lessor,
as it becomes due and payable, or by the performance of any other act or duty to which the
lessee may be bound; and if the lien is enforced by a sale of the building or improvement,
the purchaser may, at his election, become entitled to the possession of the demised premises,
and to remain therein for the unexpired term, by paying rent to the lessor, or performing
any other act or duty to which the lessee was bound, as if he were the assignee of the lease;
or he may, within 60 days after the sale, remove such building or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-212.htm - 2K - Match Info - Similar pages