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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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13A-8-140
Section 13A-8-140 Elements of offense of theft by fraudulent leasing or rental. The crime of
theft by fraudulent leasing or rental of property is committed if a person, herein called
"lessee", signs a written lease or rental contract with a person licensed to rent
or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40,
herein called "lessor", and obtains or exerts control over tangible personal property
by reason of such rental contract, with the intent, knowledge or expectation that he will
not perform the terms, covenants and agreements of the lessee provided in such rental contract.
(Acts 1986, No. 86-392, p. 576, §1.)...
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7-2A-307
Section 7-2A-307 Priority over lease contract. (1) Except as otherwise provided in Section
7-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise
provided in subsection (3) and in Sections 7-2A-306 and 7-2A-308, a creditor of a lessor takes
subject to the lease contract unless the creditor holds a lien that attached to the goods
before the lease contract became enforceable. (3) Except as otherwise provided in Sections
7-9A-317, 7-9A-321, and 7-9A-323, a lessee takes a leasehold interest subject to a security
interest held by a creditor of the lessor. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §307;
Act 2001-481, p. 647, §2.)...
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7-9A-407
Section 7-9A-407 Restrictions on creation or enforcement of security interest in leasehold
interest or in lessor's residual interest. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective
to the extent that it: (1) prohibits, restricts, or requires the consent of a party to the
lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement
of a security interest in, an interest of a party under the lease contract or in the lessor's
residual interest in the goods; or (2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination, or remedy
under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in Section
7-2A-303(7), a term described in subsection (a)(2) is effective to...
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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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7-9A-321
Section 7-9A-321 Licensee of general intangible and lessee of goods in ordinary course of business.
(a) "Licensee in ordinary course of business." In this section, "licensee in
ordinary course of business" means a person that becomes a licensee of a general intangible
in good faith, without knowledge that the license violates the rights of another person in
the general intangible, and in the ordinary course from a person in the business of licensing
general intangibles of that kind. A person becomes a licensee in the ordinary course if the
license to the person comports with the usual or customary practices in the kind of business
in which the licensor is engaged or with the licensor's own usual or customary practices.
(b) Rights of licensee in ordinary course of business. A licensee in ordinary course of business
takes its rights under a nonexclusive license free of a security interest in the general intangible
created by the licensor, even if the security interest is perfected and...
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7-9A-620
Section 7-9A-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory
disposition of collateral. (a) Conditions to acceptance in satisfaction. Except as otherwise
provided in subsection (g), a secured party may accept collateral in full or partial satisfaction
of the obligation it secures only if: (1) the debtor consents to the acceptance under subsection
(c); (2) the secured party does not receive, within the time set forth in subsection (d),
a notification of objection to the proposal authenticated by: (A) a person to which the secured
party was required to send a proposal under Section 7-9A-621; or (B) any other person, other
than the debtor, holding an interest in the collateral subordinate to the security interest
that is the subject of the proposal; (3) if the collateral is consumer goods, the collateral
is not in the possession of the debtor when the debtor consents to the acceptance; and (4)
subsection (e) does not require the secured party to...
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8-19A-3
Section 8-19A-3 Definitions. As used in this chapter and Chapter 19C, the following terms shall
have the following meanings unless the context clearly indicates otherwise: (1) CALLER IDENTIFICATION
SERVICE. A type of telephone service which permits telephone subscribers to see the telephone
number of incoming telephone calls. (2) COMMERCIAL TELEPHONE SELLER. Any person who engages
in commercial telephone solicitation on his or her own behalf or through salespersons, except
that a commercial telephone seller does not include any of the persons or entities exempted
from this chapter by Section 8-19A-4. A commercial telephone seller does not include a salesperson
as defined in subdivision (15). A commercial telephone seller includes, but is not limited
to, owners, operators, officers, directors, partners, or other individuals engaged in the
management activities of a business entity pursuant to this chapter. (3) COMMERCIAL TELEPHONE
SOLICITATION. a. An unsolicited telephone call to a...
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40-12-222
Section 40-12-222 Levy and amount of tax. (a) In addition to all other taxes now imposed by
law, there is hereby levied and shall be collected as herein provided a privilege or license
tax on each person engaging or continuing within this state in the business of leasing or
renting tangible personal property at the rate of four percent of the gross proceeds derived
by the lessor from the lease or rental of tangible personal property; provided, that the privilege
or license tax on each person engaging or continuing within this state in the business of
leasing or renting any automotive vehicle or truck trailer, semitrailer, or house trailer
shall be at the rate of one and one-half percent of the gross proceeds derived by the lessor
from the lease or rental of such automotive vehicle or truck trailer, semitrailer, or house
trailer; provided further, that the tax levied in this article shall not apply to any leasing
or rental, as lessor, by the state, or any municipality or county in the...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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