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7-2A-510
Section 7-2A-510 Installment lease contracts: Rejection and default. (1) Under an installment
lease contract a lessee may reject any delivery that is nonconforming if the nonconformity
substantially impairs the value of that delivery and cannot be cured or the nonconformity
is a defect in the required documents; but if the nonconformity does not fall within subsection
(2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept
that delivery. (2) Whenever nonconformity or default with respect to one or more deliveries
substantially impairs the value of the installment lease contract as a whole there is a default
with respect to the whole. But, the aggrieved party reinstates the installment lease contract
as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying
of cancellation or brings an action with respect only to past deliveries or demands performance
as to future deliveries. (Acts 1992, 2nd Ex. Sess., No....
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7-2-612
Section 7-2-612 "Installment contract"; breach. (1) An "installment contract"
is one which requires or authorizes the delivery of goods in separate lots to be separately
accepted, even though the contract contains a clause "each delivery is a separate contract"
or its equivalent. (2) The buyer may reject any installment which is nonconforming if the
nonconformity substantially impairs the value of that installment and cannot be cured or if
the nonconformity is a defect in the required documents; but if the nonconformity does not
fall within subsection (3) and the seller gives adequate assurance of its cure, the buyer
must accept that installment. (3) Whenever nonconformity or default with respect to one or
more installments substantially impairs the value of the whole contract there is a breach
of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming
installment without seasonably notifying of cancellation or if he brings an action with respect
only...
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7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
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7-2A-406
Section 7-2A-406 Procedure on excused performance. (1) If the lessee receives notification
of a material or indefinite delay or an allocation justified under Section 7-2A-405, the lessee
may by written notification to the lessor as to any goods involved, and with respect to all
of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510): (a) terminate the lease contract (Section 7-2A-505(2));
or (b) except in a finance lease, modify the lease contract by accepting the available quota
in substitution, with due allowance from the rent payable for the balance of the lease term
for the deficiency but without further right against the lessor. (2) If, after receipt of
a notification from the lessor under Section 7-2A-405, the lessee fails so to modify the lease
agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect
to any deliveries affected. (Acts 1992, 2nd Ex. Sess., No....
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7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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7-2-616
Section 7-2-616 Procedure on notice claiming excuse. (1) Where the buyer receives notification
of a material or indefinite delay or an allocation justified under Section 7-2-615, he may
by written notification to the seller as to any delivery concerned, and where the prospective
deficiency substantially impairs the value of the whole contract under the provisions of this
article relating to breach of installment contracts (Section 7-2-612), then also as to the
whole: (a) Terminate and thereby discharge any unexecuted portion of the contract; or (b)
Modify the contract by agreeing to take his available quota in substitution. (2) If after
receipt of such notification from the seller the buyer fails so to modify the contract within
a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries
affected. (3) The provisions of this section may not be negated by agreement except insofar
as the seller has assumed a greater obligation under Section 7-2-615. (Acts...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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11-81-141
Section 11-81-141 Powers of municipalities or counties generally; provisions in instruments
or deeds of trust creating pledges, mortgages, liens, etc., for payment of bonds; determination
of costs of acquisition, construction, etc., of undertakings. (a) In addition to the powers
which it may now have, any municipality or county shall have power under this division: (1)
To acquire by gift or purchase, to construct, to reconstruct, to improve, to better or to
extend any undertaking within or without the municipality or county or partially within or
partially without the municipality or county; (2) To operate and maintain any undertaking
for its own use and for the use of public and private consumers and users within and without
the territorial boundaries of the municipality or county; (3) To lease any undertaking or
portion thereof to any agency or department of the State of Alabama for a period or periods
not exceeding 40 years from the completion of the construction of the work, if...
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11-62-7
Section 11-62-7 Powers of authority generally; operation of facilities by authority. (a) Every
authority shall have all of the powers necessary and convenient to carry out and effectuate
the purposes and provisions of this chapter, including, without limiting the generality of
the foregoing, the following powers: (1) To have succession in its corporate name for the
duration of time (which may be in perpetuity, subject to the provisions of Section 11-62-17)
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
suits and actions and to defend suits against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations,
and rules, not inconsistent with the provisions of this chapter, for the regulation and conduct
of its affairs and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure,
lease, or otherwise, and to expand, improve, maintain, equip, and...
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