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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...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
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7-2A-103
or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in
use or in the relevant market as a single whole. (d) "Conforming" goods or performance
under a lease contract means goods or performance that are in accordance with the obligations
under the lease contract. (e) "Consumer lease" means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a lessee who is an individual and who
takes under the lease primarily for a personal, family, or household purpose, if the
total payments to be made under the lease contract, excluding payments for options to renew
or buy, do not exceed $100,000. (f) "Fault" means wrongful act, omission, breach,
or default. (g) "Finance lease" means a lease with respect to which: (i) the lessor
does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the
right to possession and use of the goods in connection with the lease; and (iii) one of the
following...
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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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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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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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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except
as restricted or otherwise provided by the will or by an order of court and subject to the
priorities stated in Section 43-8-76, a personal representative, acting prudently for
the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent
pending distribution or liquidation including those in which the representative is personally
interested or which are otherwise improper for trust investment. (2) Receive assets from fiduciaries,
or other sources. (3) Perform, compromise, or refuse performance of the decedent's contracts
that continue as obligations of the estate, as the personal representative may determine
under the circumstances. In performing enforceable contracts by the decedent to convey or
lease land, the personal representative, among other possible courses of action, may
do either of the following: a. Execute and deliver a deed of conveyance for cash...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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33-12-5
grants or other assistance from federal, state and local governments or from agencies of such
governments and by issuing in its own name revenue bonds pledging a portion of the revenues
from such facilities. f. Arrange with any city, county, municipality or supplier of utilities
for the abandonment, relocation or other adjustment of roads, highways, bridges and utility
lines. (3) LAND ACQUISITION. The agency may acquire by purchase, lease, gift or condemnation
property of any kind, real, personal or mixed, or any interest therein, that the board
deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to land, rights in land, including leaseholds and easements,
and water rights in the Alabama portion of the Elk River Watershed that the board determines
to be necessary to the control and optimum development of the Elk River. The amount and character
of the interests in land, rights in land and water rights...
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