Code of Alabama

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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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8-29-4
Section 8-29-4 Withholding application and certification for payment; withholding payment;
notice. (a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor
from withholding application and certification for payment for any of the following reasons
if there is a bona fide dispute over one or more of the following: (1) Unsatisfactory job
progress. (2) Defective construction not remedied. (3) Disputed work. (4) Third party claims
filed or reasonable evidence that a claim will be filed. (5) Failure of the contractor, subcontractor,
or sub-subcontractor to make timely payments for labor, equipment, and materials. (6) Property
damage to owner, contractor, or subcontractor. (7) Reasonable evidence that the contract,
subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract
or contract sum. (b) In the event that there is a bona fide dispute over all or any portion
of the amount due on a progress payment from the owner, contractor, or...
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22-25C-1
Section 22-25C-1 Operation of facilities; bond; closure cost estimates. (a) Notwithstanding
any provision of law, and except as provided in Section 22-25C-2, the Alabama Department of
Environmental Management (ADEM), prior to the issuance of a permit or prior to a modification
of an existing permit, shall require certain centralized waste treatment facilities, as defined
by federal effluent guidelines set forth at 40 CFR Part 437, when applying for or modifying
a permit for the operation of a facility that processes or treats industrial wastes, industrial
wastewater, or used material to post a performance bond or other financial assurance in an
amount sufficient to close the facility if the owner or operator ceases proper operation of
the facility, abandons the facility, or fails to properly maintain the facility to ensure
compliance with state environmental regulations. Notwithstanding the foregoing, this requirement
shall not apply to waste treatment facilities which treat waste only...
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22-27-5
Section 22-27-5 Authority of localities to establish charges, fees, etc., and enter into mutual
agreements or contracts; approval of department; licensing of private or corporate agencies;
permits and bonds; nonpayment of fees, etc. (a) Fees, etc.; mutual agreements or contracts.
The county commission or municipality undertaking the responsibility for providing services
to the public under this article may establish fees, charges and rates and may collect and
disburse funds within cooperating areas or districts, inside or outside the corporate limits
of municipalities or inside or outside of county boundaries, for the specific purpose of administering
this article and providing and operating a solid waste program. Also, said county commission
or public authority may enter into mutual agreements or contracts with the government bodies
of other counties, municipalities, corporations or individuals, where deemed to be mutually
economical and feasible, to jointly or individually collect,...
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41-10-103
Section 41-10-103 Leasing of projects. (a) Leases to municipality, county or state. The corporation,
the municipality, the county and the state are hereby respectively authorized to enter into
with each other one or more lease agreements whereunder a project or any part thereof shall
be leased by the corporation to such other party for a term not longer than the then current
fiscal year of such lessee, but any such lease agreement may contain a grant to such lessee
of successive options of renewing said lease agreement on the term specified therein for any
subsequent fiscal year or years of such lessee. The rental for each fiscal year during which
said lease agreement shall be in effect shall be due in advance on the first day of the fiscal
year, and the said rental for said fiscal year shall be payable and any such covenant to pay
rent on the part of such municipality or county or the state shall be performed solely out
of its current revenues for such fiscal year. The rental payable...
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41-16-3
Section 41-16-3 Timely execution of state contracts required. (a) Whenever the State of Alabama
is a party to any contract, the contract shall be executed by all parties in a timely fashion.
When a party to a contract, other than the state, has fully executed the responsibility under
the contract and there remains only the payment of funds by the state, payment shall be made
in a timely manner. If the amount due by the state is not in dispute, payment shall be made
within 30 days after the other party has completed his or her portion of the contract and
presented a proper invoice. If the amount payable is not paid within 30 days, interest on
the amount shall be charged. A party who receives a payment from the state in connection with
a contract shall pay each of its subcontractors or sub-subcontractors the portion of the state's
payment to the extent of that subcontractor's or sub-subcontractor's interest in the state's
payment in accordance with the payment terms agreed to by the...
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7-3-303
Section 7-3-303 Value and consideration. (a) An instrument is issued or transferred for value
if: (1) The instrument is issued or transferred for a promise of performance, to the extent
the promise has been performed; (2) The transferee acquires a security interest or other lien
in the instrument other than a lien obtained by judicial proceeding; (3) The instrument is
issued or transferred as payment of, or as security for, an antecedent claim against any person,
whether or not the claim is due; (4) The instrument is issued or transferred in exchange for
a negotiable instrument; or (5) The instrument is issued or transferred in exchange for the
incurring of an irrevocable obligation to a third party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract.
The drawer or maker of an instrument has a defense if the instrument is issued without consideration.
If an instrument is issued for a promise of performance, the issuer...
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34-27-58
Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent of cash,
etc., received in escrow; failure to provide liability insurance, etc. (a) It shall be a violation
of this article for a seller of vacation time-sharing lease plans to fail to: (1) Place in
escrow 50 percent of the cash and receivables received from the purchasers of such plans,
such receivables to be assessed at net principal value. a. The purpose of such escrow account
is to protect the purchaser's right to a refund if at any time the accommodations and facilities
are no longer available as provided in the contract; provided however, nothing contained in
this section shall operate to deny the seller the option to repair, replace, or reconstruct,
within a reasonable time, the accommodations or facilities, if destroyed or damaged. b. The
purchaser shall be entitled to a refund from the escrow account upon the conditions described
above in an amount which represents the buyer's pro rata share...
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37-3-7
Section 37-3-7 Powers and duties of commission generally. It shall be the duty of the commission:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that
end, the commission may establish reasonable rules and requirements with respect to adequate
service, transportation of passengers, baggage, freight and express, uniform systems of accounts,
records and reports, preservation of records, qualifications and maximum hours of service
of employees and safety of operation and equipment. (2) To regulate contract carriers by motor
vehicle as provided in this chapter, and, to that end, the commission may establish reasonable
requirements with respect to uniform systems of accounts, records and reports, preservation
of records, qualifications and maximum hours of service of employees and safety of operation
and equipment. (3) To regulate brokers as provided in this chapter, and, to that end, the
commission may establish reasonable requirements with respect to...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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