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41-16A-3
Section 41-16A-3 Definitions. For the purposes of this chapter, the following terms
shall have the respective meanings provided by this section: (a) ALTERNATIVE FINANCING
CONTRACT. A lease, lease-purchase, lease with option to purchase, installment-sale agreement
or arrangement, or other similar agreement or arrangement. (b) GOVERNMENTAL ENTITY. The state;
any political subdivision of the state; any agency, board, commission, or department of the
state; any county; any municipal corporation; any county board of education; any city board
of education; any instrumentality of any of the foregoing; the State Board of Education, acting
for the respective educational institutions under its supervision; each public corporation
that conducts one or more state educational institutions under its supervision; and any public
corporation arising under or organized pursuant to any statute of the state. (c) GRANTOR PARTY.
The lessor under a lease or lease-purchase contract, grantor under an...
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7-9A-203
Section 7-9A-203 Attachment and enforceability of security interest; proceeds; supporting
obligations; formal requisites. (a) Attachment. A security interest attaches to collateral
when it becomes enforceable against the debtor with respect to the collateral, unless an agreement
expressly postpones the time of attachment. (b) Enforceability. Except as otherwise provided
in subsections (c) through (i), a security interest is enforceable against the debtor and
third parties with respect to the collateral only if: (1) value has been given; (2) the debtor
has rights in the collateral or the power to transfer rights in the collateral to a secured
party; and (3) one of the following conditions is met: (A) the debtor has authenticated a
security agreement that provides a description of the collateral and, if the security interest
covers timber to be cut, a description of the land concerned; (B) the collateral is not a
certificated security and is in the possession of the secured party under...
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7-2-107
Section 7-2-107 Goods to be severed from realty; recording. (1) A contract for the sale
of minerals or the like (including oil and gas) or a structure or its materials to be removed
from realty is a contract for the sale of goods within this article if they are to be severed
by the seller, but until severance a purported present sale thereof which is not effective
as a transfer of an interest in land is effective only as a contract to sell. (2) A contract
for the sale apart from the land of growing crops or other things attached to realty and capable
of severance without material harm thereto but not described in subsection (1) is a contract
for the sale of goods within this article whether the subject matter is to be severed by the
buyer or by the seller even though it forms part of the realty at the time of contracting,
and the parties can by identification effect a present sale before severance. (3) The provisions
of this section are subject to any third-party rights provided by the...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against
infringement. (1) Subject to subsection (2) there is in a contract for sale a warranty by
the seller that: (a) The title conveyed shall be good, and its transfer rightful; and (b)
The goods shall be delivered free from any security interest or other lien or encumbrance
of which the buyer at the time of contracting has no knowledge. (2) A warranty under subsection
(1) will be excluded or modified only by specific language or by circumstances which give
the buyer reason to know that the person selling does not claim title in himself or that he
is purporting to sell only such right or title as he or a third person may have. (3) Unless
otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants
that the goods shall be delivered free of the rightful claim of any third person by way of
infringement or the like, but a buyer who furnishes specifications to the seller must hold...
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11-62-13
Section 11-62-13 Limitations as to operation of facilities - Administration or management
of facilities by third parties under employment arrangements or management contracts. (a)
The user of any facility acquired, improved, financed, or in any way provided or assisted
by any authority pursuant to the provisions of this chapter shall not employ any third party
that is not a governmental agency or a not-for-profit organization to administer or manage
such facility unless the following conditions with respect to such third party and the employment
arrangement or management contract between such user and such third party are satisfied: (1)
Such user shall be completely unrelated to such third party and shall be free from any aspect
of control or undue influence by such third party, it being the intention of this chapter
that prohibited control or undue influence shall be deemed to arise from circumstances such
as the promotion or encouragement of the organization of such user by such...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages
over $150,000 to be paid by periodic payments over period of years; judgment to specify payment
terms; requirement to post security or provide evidence of insurance; future damages not to
be reduced to present value; attorney's fees; termination of periodic payments; contempt of
court upon continuing pattern of failure to make payments; modification of judgment; legislative
intent. (a) In any action for injury or damages whether in contract or in tort against a health
care provider based on a breach of the standard of care the damages assessed by the trier
of fact shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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24-9-7
Section 24-9-7 Disposition of tax delinquent properties. (a) The authority shall adopt
rules and regulations for the disposition of property in which the authority holds a legal
interest, which rules and regulations shall address the conditions set forth in this section.
(b) The authority may manage, maintain, protect, rent, repair, insure, alter, convey, sell,
transfer, exchange, lease as lessor, or otherwise dispose of property or rights or interests
in property in which the authority holds a legal interest to any public or private person
for value determined by the authority on terms and conditions, and in a manner and for an
amount of consideration the authority considers proper, fair, and valuable, including for
no monetary consideration. The transfer and use of property under this section and
the exercise by the authority of powers and duties under Act 2013-249 shall be considered
a necessary public purpose and for the benefit of the public. (c) Before the authority may
sell,...
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35-4A-5
Section 35-4A-5 Exclusions from statutory rule against perpetuities. Section
35-4A-2, the statutory rule against perpetuities, does not apply to: (1) a nonvested property
interest or a power of appointment arising out of a nondonative transfer, except a nonvested
property interest or a power of appointment arising out of (i) a premarital or postmarital
agreement, (ii) a separation or divorce settlement, (iii) a spouse's election, (iv) a similar
arrangement arising out of a prospective, existing, or previous marital relationship between
the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise
or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support,
or (viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or
management of assets, including the power of a fiduciary to sell, lease, or mortgage property,
and the power of a fiduciary to determine principal and income; (3) a power...
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27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against
or by same. The failure of an insurer to obtain a license or certificate of authority shall
not impair the validity of any act or contract of such insurer and shall not prevent such
insurer, its assigns or successors in interest, from defending any action in any court of
this state; but no insurer transacting insurance business in this state without a license
or certificate of authority shall be permitted to maintain an action in any court of this
state to enforce any right, claim, or demand arising out of the transaction of such business
until such company, its assigns or successors in interest shall have: (1) Obtained a license
or certificate of authority; or (2) Deposited with the clerk of the court in which such action
or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient
sureties, to be approved by the court, in an amount to be fixed by the court...
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8-12-17
Section 8-12-17 Injunctive relief; famous marks. (a) Subject to the principles of equity,
the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness,
in this state shall be entitled to an injunction against another person's commercial use of
a mark, if such use begins after the famous mark has become famous and is likely to cause
dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state
or a significant geographic area in this state as a designation of source of the goods or
services or the business of the mark's owner. In determining whether a mark is famous, a court
may consider factors such as, but not limited to: (1) The duration, extent, and geographic
reach of advertising and publicity of the mark in this state, whether advertised or publicized
by the owner or third parties. (2) The amount, volume, and geographic...
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