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7-9A-602
Section 7-9A-602 Waiver and variance of rights and duties. Except as otherwise provided in
Section 7-9A-624, to the extent that they give rights to a debtor or obligor and impose duties
on a secured party, the debtor or obligor may not waive or vary the rules stated in the following
listed sections: (1) Section 7-9A-207(b)(4)(C), which deals with use and operation of the
collateral by the secured party; (2) Section 7-9A-210, which deals with requests for an accounting
and requests concerning a list of collateral and statement of account; (3) Section 7-9A-607(c),
which deals with collection and enforcement of collateral; (4) Sections 7-9A-608(a) and 7-9A-615(c)
to the extent that they deal with application or payment of noncash proceeds of collection,
enforcement, or disposition; (5) Sections 7-9A-608(a) and 7-9A-615(d) to the extent that they
require accounting for or payment of surplus proceeds of collateral; (6) Section 7-9A-609
to the extent that it imposes upon a secured party that...
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22-22-1
Section 22-22-1 Short title; definitions. (a) This chapter may be cited as the "Alabama
Water Pollution Control Act." (b) For the purposes of this chapter, unless otherwise
indicated, the following terms shall have the meanings respectively ascribed to them by this
section: (1) COMMISSION. The Alabama Department of Environmental Management. (2) WATERS. All
waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly
or partially within the state, natural or artificial. This does not include waters which are
entirely confined and retained completely upon the property of a single individual, partnership
or corporation unless such waters are used in interstate commerce. (3) POLLUTION. The discharge
of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged
spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or...
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43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall take
possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative, possession of the property
by the personal representative will be necessary for purposes of administration. A request
in writing by a personal representative for delivery of any property possessed by an heir
or devisee is conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is necessary for
purposes of administration. The personal representative shall pay taxes on, receive the income
therefrom, and pay the expenses reasonably necessary for the management,...
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7-2A-309
Section 7-2A-309 Lessor's and lessee's rights when goods become fixtures. (1) In this section:
(a) goods are "fixtures" when they become so related to particular real estate that
an interest in them arises under real estate law; (b) a "fixture filing" is the
filing, in the office where a record of a mortgage on the real estate would be filed or recorded,
of a financing statement covering goods that are or are to become fixtures and conforming
to the requirements of Section 7-9A-502(a) and (b); (c) a lease is a "purchase money
lease" unless the lessee has possession or use of the goods or the right to possession
or use of the goods before the lease agreement is enforceable; (d) a mortgage is a "construction
mortgage" to the extent it secures an obligation incurred for the construction of an
improvement on land including the acquisition cost of the land, if the recorded writing so
indicates; and (e) "encumbrance" includes real estate mortgages and other liens
on real estate and all other...
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7-9A-330
Section 7-9A-330 Priority of purchaser of chattel paper or instrument. (a) Purchaser's priority:
Security interest claimed merely as proceeds. A purchaser of chattel paper has priority over
a security interest in the chattel paper which is claimed merely as proceeds of inventory
subject to a security interest if: (1) in good faith and in the ordinary course of the purchaser's
business, the purchaser gives new value and takes possession of the chattel paper or obtains
control of the chattel paper under Section 7-9A-105; and (2) the chattel paper does not indicate
that it has been assigned to an identified assignee other than the purchaser. (b) Purchaser's
priority: Other security interests. A purchaser of chattel paper has priority over a security
interest in the chattel paper which is claimed other than merely as proceeds of inventory
subject to a security interest if the purchaser gives new value and takes possession of the
chattel paper or obtains control of the chattel paper under...
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13A-8-16
Section 13A-8-16 Receiving stolen property - Definition. (a) A person commits the crime of
receiving stolen property if he intentionally receives, retains or disposes of stolen property
knowing that it has been stolen or having reasonable grounds to believe it has been stolen,
unless the property is received, retained or disposed of with intent to restore it to the
owner. (b) If a person: (1) On two separate occasions within a year prior to the commission
of the instant offense of receiving stolen property is found in possession or control of stolen
property; or (2) Possesses goods or property which have been recently stolen; or (3) Regularly
buys, sells, uses or handles in the course of business property of the sort received, and
acquired the property without making reasonable inquiry whether the person selling or delivering
the property to him had a legal right to do so, this shall be prima facie evidence that he
has the requisite knowledge or belief. (c) The fact that the person who...
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25-12-7
Section 25-12-7 Exceptions. (a) This chapter shall not apply to the following boilers and pressure
vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title
49 of the Code of Federal Regulations, Parts 192 and 193. (2) Pressure vessels used for transportation
and storage of compressed or liquefied gases when constructed in compliance with specifications
of the United States Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate regulations of
the United States Department of Transportation. (3) Pressure vessels located on vehicles operating
under the rules of other state or federal authorities and used for carrying passengers or
freight. (4) Air tanks installed on the right of way of railroads and used directly in the
operation of trains. (5) Pressure vessels that do not exceed any of the following weights
and measures: a. Five cubic feet in volume and 250...
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27-29-1
Section 27-29-1 Definitions. For purposes of this chapter, unless otherwise stated, the following
terms shall have the meanings respectively ascribed to them by this section: (1) AFFILIATE.
The term shall include an affiliate of, or person affiliated with, a specific person, and
shall mean a person that directly, or indirectly through one or more intermediaries, controls,
or is controlled by, or is under common control with, the person specified. (2) COMMISSIONER.
The Commissioner of Insurance, his or her deputies, or the Insurance Department as appropriate.
(3) CONTROL. The term shall include controlling, controlled by, or under common control with
and shall mean the possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the ownership of voting securities,
by contract other than a commercial contract for goods or nonmanagement services, or otherwise,
unless the power is the result of an official...
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7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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12-21-81
Section 12-21-81 Definitions. In this subdivision: (1) "Boundaries of the United States"
means the geographic boundaries of the United States, Puerto Rico, the United States Virgin
Islands, and any territory or insular possession subject to the jurisdiction of the United
States. (2) "Law" includes the federal or a state constitution, a federal or state
statute, a judicial decision or order, a rule of court, an executive order, and an administrative
rule, regulation, or order. (3) "Record" means information that is inscribed on
a tangible medium or that is stored in an electronic or other medium and is retrievable in
perceivable form. (4) "Sign" means, with present intent to authenticate or adopt
a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate
with the record an electronic symbol, sound, or process. (5) "State" means a state
of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands,
or any territory or...
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