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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
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41-9-432
Section 41-9-432 Powers generally. The commission shall be authorized: (1) To investigate and
select an available site for housing the exhibits, including the surrounding grounds, in cooperation
with the Department of the Army and the community, taking into consideration all pertinent
factors affecting the suitability of such site; (2) To acquire by rent or lease agreement
or otherwise the necessary housing facilities and to establish, improve and enlarge the available
facility, including providing it with necessary equipment, furnishings, landscaping and related
facilities, including parking areas and ramps, roadways, sewers, curbs and gutters; (3) To
enter into such contracts and cooperative agreements with the local, state and federal governments,
with agencies of such governments, including the Department of the Army and the National Aeronautics
and Space Administration, with private individuals, corporations, associations and other organizations
as the commission may deem...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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7-2A-306
Section 7-2A-306 Priority of certain liens arising by operation of law. If a person in the
ordinary course of his or her business furnishes services or materials with respect to goods
subject to a lease contract, a lien upon those goods in the possession of that person given
by statute or rule of law for those materials or services takes priority over any interest
of the lessor or lessee under the lease contract or this article unless the lien is created
by statute and the statute provides otherwise or unless the lien is created by rule of law
and the rule of law provides otherwise. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §306.)...
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7-2A-505
Section 7-2A-505 Cancellation and termination and effect of cancellation, termination, rescission,
or fraud on rights and remedies. (1) On cancellation of the lease contract, all obligations
that are still executory on both sides are discharged, but any right based on prior default
or performance survives, and the cancelling party also retains any remedy for default of the
whole lease contract or any unperformed balance. (2) On termination of the lease contract,
all obligations that are still executory on both sides are discharged but any right based
on prior default or performance survives. (3) Unless the contrary intention clearly appears,
expressions of "cancellation," "rescission," or the like of the lease
contract may not be construed as a renunciation or discharge of any claim in damages for an
antecedent default. (4) Rights and remedies for material misrepresentation or fraud include
all rights and remedies available under this article for default. (5) Neither rescission nor
a...
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2-6-107
Section 2-6-107 Lease of project. (a) Without limiting the generality of the powers otherwise
granted by this article, the corporation is authorized to lease the project, or portions thereof,
to the Alabama Agricultural Center Board or to any other public or private entity. The AACB
and any other agency, board, commission, bureau, or department of the state and each of them
are authorized to lease any facilities from the corporation. Any lease as described in this
section shall, however, be either of the following: (1) For a term no longer than the then
current fiscal year of the state, but any such lease may contain a grant to the lessee of
successive options of renewing the lease on the terms specified in the lease for any subsequent
fiscal year or years of the state; provided, that liability for the payment of rent shall
never be for a term longer than one fiscal year. (2) Provide that in no event rentals may
be paid from moneys appropriated by the state and that rentals shall be...
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35-9-10
Section 35-9-10 Remedies extended to lessee's grantees. The lessees of any lands, their assigns,
or personal representatives, shall have the same remedy, by action or otherwise, against the
lessor, his grantees, his assignees, or his or their representatives, for the breach of any
agreement in such lease, as such lessee might have had against his immediate lessor; but this
section shall have no application to the covenants against incumbrances, or relating to the
title or possession of the premises demised. (Code 1923, §8828; Code 1940, T. 31, §11.)...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express or implied,
between two or more persons, by which a person is granted the right to sell or distribute
liquid goods, or use a trade name, trademark, service mark, logotype, advertising, or other
commercial symbol in the sale of liquid goods, in which there is a community of interest in
the business of offering, selling, or distributing liquid goods at wholesale, retail, by lease,
agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially with
a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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