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7-2-209
Section 7-2-209 Modification, rescission and waiver. (1) An agreement modifying a contract
within this article needs no consideration to be binding. (2) A signed agreement which excludes
modification or rescission except by a signed writing cannot be otherwise modified or rescinded,
but except as between merchants such a requirement on a form supplied by the merchant must
be separately signed by the other party. (3) The requirements of the statute of frauds section
of this article (Section 7-2-201) must be satisfied if the contract as modified is within
its provisions. (4) Although an attempt at modification or rescission does not satisfy the
requirements of subsection (2) or (3) it can operate as a waiver. (5) A party who has made
a waiver affecting an executory portion of the contract may retract the waiver by reasonable
notification received by the other party that strict performance will be required of any term
waived, unless the retraction would be unjust in view of a material...
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7-2A-108
Section 7-2A-108 Unconscionability. (1) If the court as a matter of law finds a lease contract
or any clause of a lease contract to have been unconscionable at the time it was made the
court may refuse to enforce the lease contract, or it may enforce the remainder of the lease
contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (2) Before making a finding of unconscionability
under subsection (1), the court, on its own motion or that of a party, shall afford the parties
a reasonable opportunity to present evidence as to the setting, purpose, and effect of the
lease contract or clause thereof, or of the conduct. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, ยง108.)...
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36-28-5
Section 36-28-5 Submission, approval, etc., of plans for coverage of employees of political
subdivisions and of state and local instrumentalities; payment, etc., of contributions by
political subdivisions or instrumentalities and employees generally. (a) Each political subdivision
of the state and each instrumentality of the state or of a political subdivision is hereby
authorized to submit for approval by the state Comptroller a plan for extending the benefits
of Title II of the Social Security Act, in conformity with applicable federal law, to employees
of any such political subdivision or instrumentality. Each such plan or any amendment thereof
shall be approved by the state Comptroller if it finds that such plan or such plan as amended
is in conformity with such requirements as are provided in regulations of the state Comptroller;
except, that no such plan shall be approved unless: (1) It is in conformity with the requirements
of the applicable federal law and with the agreement...
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7-2A-526
Section 7-2A-526 Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop
delivery of goods in the possession of a carrier or other bailee if the lessor discovers the
lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments
of express or freight if the lessee repudiates or fails to make a payment due before delivery,
whether for rent, security or otherwise under the lease contract, or for any other reason
the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies
under subsection (1), the lessor may stop delivery until (a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee
holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via
reshipment or as a warehouse. (3)(a) To stop delivery, a lessor shall so notify as to enable
the bailee by reasonable diligence to prevent delivery...
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16-17-11
Section 16-17-11 Contracts to secure bonds and assumed obligations. As security for payment
of the principal of and interest on bonds issued or obligations assumed by it, the authority
may enter into a contract or contracts binding itself for the proper application of the proceeds
of bonds and other funds, for the continued operation, maintenance and disposition (including
lease) of any ancillary improvements or part thereof owned by it, for the imposition and collection
of reasonable rentals from such ancillary improvements, for the disposition and application
of its gross revenues or any part thereof and for any other act or series of acts not inconsistent
with the provisions of this chapter for the protection of the bonds and other obligations
being secured and the assurance that the revenues from such ancillary improvements will be
sufficient to operate such ancillary improvements, maintain the same in good repair and in
good operating condition, pay the principal of and interest...
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16-18-12
Section 16-18-12 Contracts to secure bonds and assumed obligations. As security for payment
of the principal of and interest on bonds issued or obligations assumed by it, the authority
may enter into a contract or contracts binding itself for the proper application of the proceeds
of bonds and other funds, for the continued operation, maintenance and disposition (including
lease) of any ancillary improvements or part thereof owned by it, for the imposition and collection
of reasonable rentals from such ancillary improvements, for the disposition and application
of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent
with the provisions of this chapter for the protection of the bonds and other obligations
being secured and the assurance that the revenues from such ancillary improvements will be
sufficient to operate such ancillary improvements, maintain the same in good repair and in
good operating condition, pay the principal of and interest...
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7-2-311
Section 7-2-311 Options and cooperation respecting performance. (1) An agreement for sale which
is otherwise sufficiently definite (subsection (3) of Section 7-2-204) to be a contract is
not made invalid by the fact that it leaves particulars of performance to be specified by
one of the parties. Any such specification must be made in good faith and within limits set
by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment
of the goods are at the buyer's option and, except as otherwise provided in subsections (1)(c)
and (3) of Section 7-2-319, specifications or arrangements relating to shipment are at the
seller's option. (3) Where such specification would materially affect the other party's performance
but is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) Is excused for any resulting delay in his own...
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27-21A-4
Section 27-21A-4 Powers of health maintenance organizations. (a) The powers of a health maintenance
organization include, but are not limited to the following: (1) The purchase, lease, construction,
renovation, operation, or maintenance of hospitals, medical facilities, or both, and their
ancillary equipment; (2) The making of loans other than in the ordinary course of business,
to providers under contract with it in furtherance of its program or the making of loans to
a corporation or corporations in which it owns a majority interest for the purpose of acquiring
or constructing medical facilities and hospitals or in furtherance of a program providing
health care services to enrollees. (3) The furnishing of health care services through providers
which are under contract with or employed by the health maintenance organization. (4) The
contracting with any person for the performance on its behalf of certain functions such as
marketing, enrollment, and administration. (5) The purchase,...
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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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