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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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7-2A-212
Section 7-2A-212 Implied warranty of merchantability. (1) Except in a finance lease, a warranty
that the goods will be merchantable is implied in a lease contract if the lessor is a merchant
with respect to goods of that kind. (2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the description in the lease agreement; (b)
in the case of fungible goods, are of fair average quality within the description; (c) are
fit for the ordinary purposes for which goods of that type are used; (d) run, within the variation
permitted by the lease agreement, of even kind, quality, and quantity within each unit and
among all units involved; (e) are adequately contained, packaged, and labeled as the lease
agreement may require; and (f) conform to any promises or affirmations of fact made on the
container or label. (3) Other implied warranties may arise from course of dealing or usage
of trade. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §212.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-212.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-431.htm - 5K - Match Info - Similar pages
45-48-70.20
Section 45-48-70.20 Purchasing of used equipment prohibited. No used or secondhand trucks or
road machinery shall be purchased for the county, nor shall any purchase be made or any contract
of sale or lease-sale or for the leasing, renting, or hiring of any vehicles or other equipment
be entered into unless the contractor certifies that the sale price or the hire or rental
fee, as the case may be, charged Marshall County will not exceed the like charge made by him
or her to other counties for like equipment, or its use, during the year in which the contract
with Marshall County is made. If any such seller or lessor, during such period sells or leases
any like equipment to another county, then Marshall County shall be entitled to be reimbursed
the difference between the price it paid for such equipment or its use and the lowest charge
made to another county by such seller or lessor for like equipment or its use; and in addition
thereto to punitive damages in the sum of one thousand...
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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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8-37-2
30 days. (6) GUARANTEED ASSET PROTECTION WAIVER or GAP WAIVER. A contractual agreement in which
a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a
borrower's finance agreement in the event of a total physical damage loss or unrecovered theft
of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance
agreement. (7) INSURER. An insurance company licensed, registered, or otherwise authorized
to do business under the insurance laws of this state. (8) MOTOR VEHICLE. Self-propelled or
towed vehicles designed for personal or commercial use, including but not limited to
automobiles, trucks, motorcycles, recreational vehicles, all terrain vehicles, snowmobiles,
campers, boats, personal watercraft, and motorcycle, and boat, camper and personal
watercraft trailers. (9) PERSON. An individual, company, association, organization, partnership,
business trust, corporation, and every form of legal entity. (Act 2017-392, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-37-2.htm - 2K - Match Info - Similar pages
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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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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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-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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