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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7-2A-211
Section 7-2A-211 Warranties against interference and against infringement; lessee's
obligation against infringement. (1) There is in a lease contract a warranty that for the
lease term no person holds a claim to or interest in the goods that arose from an act or omission
of the lessor, other than a claim by way of infringement or the like, which will interfere
with the lessee's enjoyment of its leasehold interest. (2) Except in a finance lease there
is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind
a warranty that the goods are delivered free of the rightful claim of any person by way of
infringement or the like. (3) A lessee who furnishes specifications to a lessor or a supplier
shall hold the lessor and the supplier harmless against any claim by way of infringement or
the like that arises out of compliance with the specifications. (Acts 1992, 2nd Ex. Sess.,
No. 92-700, p. 92, §211.)...
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7-2A-217
Section 7-2A-217 Identification. Identification of goods as goods to which a lease contract
refers may be made at any time and in any manner explicitly agreed to by the parties. In the
absence of explicit agreement, identification occurs: (a) when the lease contract is made
if the lease contract is for a lease of goods that are existing and identified; (b) when the
goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease
contract refers, if the lease contract is for a lease of goods that are not existing and identified;
or (c) when the young are conceived, if the lease contract is for a lease of unborn young
of animals. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §217.)...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach
of warranty in regard to accepted goods. (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 lessee elects not
to cover or a lessee elects to cover and the cover is by lease agreement that for any reason
does not qualify for treatment under Section 7-2A-518(2), or is by purchase or otherwise,
the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation
of acceptance by the lessee is the present value, as of the date of the default, of the then
market rent minus the present value as of the same date of the original rent, computed for
the remaining lease term of the original lease agreement, together with incidental and consequential
damages, less expenses saved in consequence of the lessor's default. (2) Market...
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7-2A-525
Section 7-2A-525 Lessor's right to possession of goods. (1) If a lessor discovers the
lessee to be insolvent, the lessor may refuse to deliver the goods. (2) After a default by
the lessee under the lease contract of the type described in Section 7-2A-523(1) or
7-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right
to take possession of the goods. If the lease contract so provides, the lessor may require
the lessee to assemble the goods and make them available to the lessor at a place to be designated
by the lessor which is reasonably convenient to both parties. Without removal, the lessor
may render unusable any goods employed in trade or business, and may dispose of goods on the
lessee's premises (Section 7-2A-527). (3) The lessor may proceed under subsection (2)
without judicial process if it can be done without breach of the peace or the lessor may proceed
by action. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §525.)...
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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-502
Section 7-2A-502 Notice after default. Except as otherwise provided in this article
or the lease agreement, the lessor or lessee in default under the lease contract is not entitled
to notice of default or notice of enforcement from the other party to the lease agreement.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §502.)...
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7-2A-213
Section 7-2A-213 Implied warranty of fitness for particular purpose. Except in a finance
lease, if the lessor at the time the lease contract is made has reason to know of any particular
purpose for which the goods are required and that the lessee is relying on the lessor's skill
or judgment to select or furnish suitable goods, there is in the lease contract an implied
warranty that the goods will be fit for that purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §213.)...
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7-2A-219
Section 7-2A-219 Risk of loss. (1) Except in the case of a finance lease, risk of loss
is retained by the lessor and does not pass to the lessee. In the case of a finance lease,
risk of loss passes to the lessee. (2) Subject to the provisions of this article on the effect
of default on risk of loss (Section 7-2A-220), if risk of loss is to pass to the lessee
and the time of passage is not stated, the following rules apply: (a) If the lease contract
requires or authorizes the goods to be shipped by carrier (i) and it does not require delivery
at a particular destination, the risk of loss passes to the lessee when the goods are duly
delivered to the carrier; but (ii) if it does require delivery at a particular destination
and the goods are there duly tendered while in the possession of the carrier, the risk of
loss passes to the lessee when the goods are there duly so tendered as to enable the lessee
to take delivery. (b) If the goods are held by a bailee to be delivered without being...
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7-2A-509
Section 7-2A-509 Lessee's rights on improper delivery; rightful rejection. (1) Subject
to the provisions of Section 7-2A-510 on default in installment lease contracts, if
the goods or the tender or delivery fail in any respect to conform to the lease contract,
the lessee may reject or accept the goods or accept any commercial unit or units and reject
the rest of the goods. (2) Rejection of goods is ineffective unless it is within a reasonable
time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §509.)...
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