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...
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41-16A-3
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 installment-purchase contract, or other comparable party under any other
alternative financing contract. Unless otherwise indicated by the context, each reference
to grantor party shall include any assignee of the rights of the grantor party under the alternative
financing contract. (d) ELIGIBLE PROPERTY. Any tangible personal property, or any interest
therein, including without limitation any goods, supplies, materials, appliances, equipment,
furnishings, and/or machinery, whether or not such items constitute fixtures. (e) STATE. The
State of Alabama. (f) SUBJECT PROPERTY. The eligible property which is the subject of an alternative
financing contract. (Acts 1993, No. 93-261, p. 389, §3.)...
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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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13A-8-142
you intended to defraud the lessor. In such case the lessor may turn over the rental contract
and all other available information relating to this incident to the proper authorities for
criminal prosecution." (3) The form of notice to be given under subdivision (2) of Section
13A-8-141 above shall be sufficient if substantially as follows: "This statutory notice
is provided pursuant to Section _____ of the Code of Alabama. You are hereby notified that
you have failed to return that certain personal property leased by you under a written
rental contract dated _____, wherein _____ is the lessor, to the particular place or at the
particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight
(48) hours from the receipt of this demand to return the leased property to the lessor at
the address specified in the rental contract. Unless the said property is returned to the
lessor at the address specified in the rental contract within the time specified...
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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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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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5-8A-35
Section 5-8A-35 Assumption or rejection of executory contracts by receiver. The receiver shall
assume or reject an executory contract, including an unexpired lease of real or personal
property, within 60 days after appointment, but the receivership court may for cause shown
extend or reduce the time. Any such contract or lease not assumed or rejected within that
time shall be deemed to be rejected. The receiver shall file within 60 days of his appointment,
a statement under oath showing which, if any, of the contracts of the bank are executory in
whole or in part, including unexpired leases of real or personal property, and which,
if any, have been rejected by the receiver. Unless a lease of real or personal property
expressly otherwise provides, a rejection of the lease or of any covenant therein by the receiver
of the lessor does not deprive the lessee of his estate. A general covenant or condition in
a lease that it shall not be assigned shall not be construed to prevent 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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37-9-23
Section 37-9-23 Certificates for common carriers and permits for contract carriers - Transfer
or lease. Any certificate or permit may be transferred or leased subject to the approval of
the commission and under such rules and regulations as may be prescribed by the commission.
Except where a transfer of a certificate or a permit results from the operation of law, approval
of such transfer or lease shall be given only upon a finding by the commission, after notice
and opportunity for a hearing, that such transfer or lease will be consistent with the public
interest. The application for approval shall be made jointly by the transferor and the transferee
or lessor and lessee. No value shall be allowed for any purpose for any certificate or permit
issued under this chapter. (Acts 1945, No. 269, p. 414, §13.)...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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