Code of Alabama

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7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform his
duty through a delegate unless otherwise agreed or unless the other party has a substantial
interest in having his original promisor perform or control the acts required by the contract.
No delegation of performance relieves the party delegating of any duty to perform or any liability
for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise agreed,
all rights of either seller or buyer can be assigned except where the assignment would materially
change the duty of the other party, or increase materially the burden or risk imposed on him
by his contract, or impair materially his chance of obtaining return performance. A right
to damages for breach of the whole contract or a right arising out of the assignor's due performance
of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment,
perfection, or enforcement of a security...
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7-8-103
Section 7-8-103 Rules for determining whether certain obligations and interests are securities
or financial assets. (a) A share or similar equity interest issued by a corporation, business
trust, joint stock company, or similar entity is a security. (b) An "investment company
security" is a security. "Investment company security" means a share or similar
equity interest issued by an entity that is registered as an investment company under the
federal investment company laws, an interest in a unit investment trust that is so registered,
or a face-amount certificate issued by a face-amount certificate company that is so registered.
Investment company security does not include an insurance policy or endowment policy or annuity
contract issued by an insurance company. (c) An interest in a partnership or limited liability
company is not a security unless it is dealt in or traded on securities exchanges or in securities
markets, its terms expressly provide that it is a security governed by...
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16-33C-5
Section 16-33C-5 Powers of board. In addition to the powers granted by any other provision
of this chapter, the Savings Board and PACT board shall have, as agents of the State of Alabama,
the powers necessary or convenient to carry out the purposes and provisions of this chapter,
to develop and implement the ABLE Program, ACES Program and the PACT Program, and the powers
delegated by any other law of the state or any executive order thereof including, but not
limited to, the following express powers: (1) To adopt and amend bylaws. (2) To adopt the
rules and regulations necessary to implement the provisions of this chapter either with or
without compliance with the state Administrative Procedure Act. (3) To invest as they deem
appropriate any funds in the plan in any instrument, obligation, security, or property that
constitutes legal investments for public funds in the state, including legal investments for
the State Treasurer and the Alabama Trust Fund, and to name and use...
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26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
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43-2-852
Section 43-2-852 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally
liable with the personal representative and with each other. (2) By executing an approved
bond of a personal representative, the surety consents to the jurisdiction of the court that
issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties
of the personal representative and naming the surety as a party respondent. Notice of any
proceeding must be delivered to the surety or mailed by registered or certified mail to the
address listed with the court at the place where the bond is filed and to the address as then
known to the petitioner. (3) On petition of a successor personal representative or any interested
person, a proceeding may be initiated against a surety for breach of the obligation of the
bond of the personal representative. (4) The bond of the personal...
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11-50A-14
Section 11-50A-14 Right to receivership upon default. (a) In the event that the authority shall
default in the payment of the principal of or interest on any of its bonds, bond anticipation
notes or notes after they shall become due, whether at maturity or upon call for redemption,
and such default shall continue for a period of 30 days, or if the authority shall default
in any material respect in any agreement made with the holders of the bonds, bond anticipation
notes or notes, any holder of bonds, bond anticipation notes or notes, or trustee therefor,
shall have the right to apply in an appropriate judicial proceeding to the Montgomery County
circuit court for the appointment of a receiver for the project, the revenues of which were
pledged for payment of the principal of and interest due on the bonds, bond anticipation notes
or notes, whether or not all bonds, bond anticipation notes or notes have been declared due
and payable and whether or not the holder, or trustee therefor, is...
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16-25-19
Section 16-25-19 Administration. (a) The general administration and responsibility for the
proper operation of the retirement system and for making effective the provisions of this
chapter are hereby vested in a board of trustees which shall be known as the Board of Control
and shall be organized immediately after a majority of the trustees provided for in this section
shall have qualified and taken the oath of office. (b) The board shall consist of 15 trustees
as follows: (1) The State Superintendent of Education, ex officio. (2) The State Treasurer,
ex officio. (3) The state Director of Finance, ex officio. (4) Twelve elected members of the
retirement system. Those 12 members shall consist of representatives elected from each of
the following categories: two shall be retired members, one shall be a city or county superintendent,
one shall be a principal, one shall be a member from an institution of postsecondary education
that is part of the Alabama Community College System, two...
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37-2A-8
Section 37-2A-8 Provision of basic telephone service and optional telephone features. (a)(1)
Notwithstanding any provision of law to the contrary, an entity that is not an incumbent local
exchange carrier shall not be obligated to tariff or otherwise provide basic telephone service.
An incumbent local exchange carrier shall provide, upon reasonable request, basic telephone
service to the premises of a permanent residence within its franchised service territory,
if the costs, including, but not limited to costs of facilities, rights-of-way, and equipment,
of providing basic telephone service to the requesting party does not exceed eight thousand
dollars ($8,000). (2) If the cost exceeds eight thousand dollars ($8,000), as provided in
subdivision (1), an incumbent local exchange carrier may not deny service on the basis of
cost so long as sufficient funds to provide that service are available from the Alabama portion
of the applicable federal universal service fund program. (3) An...
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41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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41-8-21
Section 41-8-21 Enactment of compact; form. The Interstate Library Compact is hereby enacted
into law and entered into by this state with all states legally joining therein in the form
substantially as follows: INTERSTATE LIBRARY COMPACT. Article I. Policy and Purpose. Because
the desire for the services provided by libraries transcends governmental boundaries and can
most effectively be satisfied by giving such services to communities and people regardless
of jurisdictional lines, it is the policy of the states party to this compact to cooperate
and share their responsibilities; to authorize cooperation and sharing with respect to those
types of library facilities and services which can be more economically or efficiently developed
and maintained on a cooperative basis and to authorize cooperation and sharing among localities,
states and others in providing joint or cooperative library services in areas where the distribution
of population or of existing and potential library...
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