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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.08.htm - 5K - Match Info - Similar pages
7-9A-408
Section 7-9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables,
and certain general intangibles ineffective. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a promissory note or in an agreement
between an account debtor and a debtor which relates to a health-care-insurance receivable
or a general intangible, including a contract, permit, license, or franchise, and which term
prohibits, restricts, or requires the consent of the person obligated on the promissory note
or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection
of a security interest in, the promissory note, health-care-insurance receivable, or general
intangible, is ineffective to the extent that the term: (1) would impair the creation, attachment,
or perfection of a security interest; or (2) provides that the assignment or transfer or the
creation, attachment, or perfection of the...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration
of four months after a change of the debtor's location to another jurisdiction; or (3) the
expiration of one year after a transfer of collateral to a person that thereby becomes a debtor
and is located in another jurisdiction. (b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in subsection (a) becomes perfected
under the law of the other jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earliest...
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8-1A-3
Section 8-1A-3 Scope. (a) Except as otherwise provided in subsection (b), this chapter applies
to electronic records and electronic signatures relating to a transaction. (b) This chapter
does not apply to a transaction to the extent it is governed by any of the following: (1)
A law governing the creation and execution of wills, codicils, or testamentary trusts. (2)
Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2,
and Article 2A. (3) A statute, regulation, or other rule of law governing adoption, divorce,
or other matters of family law. (c) This chapter does not apply to any of the following: (1)
Court orders or notices, or official court documents, including briefs, pleadings, and other
writings, required to be executed in connection with court proceedings. (2) Any notice of
any of the following: a. The cancellation or termination of utility services, including water,
heat, and power. b. Default, acceleration, repossession, foreclosure, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1A-3.htm - 2K - Match Info - Similar pages
7-9A-404
claim reduces amount owed to assignee. Subject to subsection (c) and except as otherwise provided
in subsection (d), the claim of an account debtor against an assignor may be asserted against
an assignee under subsection (a) only to reduce the amount the account debtor owes. (c) Rule
for individual under other law. This section is subject to law other than this article which
establishes a different rule for an account debtor who is an individual and who incurred the
obligation primarily for personal, family, or household purposes. (d) Omission of required
statement in consumer transaction. In a consumer transaction, if a record evidences the account
debtor's obligation, if law other than this article requires that the record include a statement
to the effect that the account debtor's recovery against an assignee with respect to claims
and defenses against the assignor may not exceed amounts paid by the account debtor under
the record, and if the record does not include such a...
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7-9A-406
a default, breach, right of recoupment, claim, defense, termination, right of termination,
or remedy under the account or chattel paper. (g) Subsection (b)(3) not waivable. Subject
to subsection (h), an account debtor may not waive or vary its option under subsection (b)(3).
(h) Rule for individual under other law. This section is subject to law other than this article
which establishes a different rule for an account debtor who is an individual and who incurred
the obligation primarily for personal, family, or household purposes. (i) Inapplicability
to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance
receivable. (j) Section prevails over inconsistent law. This section prevails over any inconsistent
provision of an existing or future statute, rule, or regulation of this State unless the provision
is contained in a statute of this State, refers expressly to this section, and states that
the provision prevails over this section....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-406.htm - 5K - Match Info - Similar pages
8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of public
utility or private enterprise; fees. (a) No person, firm, association, or corporation shall
be authorized to use the streets, avenues, alleys, and other public places of cities or towns
for the construction or operation of any public utility or private enterprise without first
obtaining the consent of the proper authorities of the city or town. (b) No electric supplier,
as defined in Section 37-14-31(1), which has an assigned service territory established by
general law enacted by the Legislature and which is subject to payment of a privilege or license
tax or other tax or fee established by general law enacted by the Legislature to a city or
town which authorizes a levy not to exceed three percent of the gross receipts of the business
done by the electric supplier in the municipality during the preceding year, and which authorizes
a levy not to exceed one and one-half percent of the gross...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-49-1.htm - 4K - Match Info - Similar pages
7-9A-334
Section 7-9A-334 Priority of security interests in fixtures and crops. (a) Security interest
in fixtures under this article. A security interest under this article may be created in goods
that are fixtures or may continue in goods that become fixtures. A security interest does
not exist under this article in ordinary building materials incorporated into an improvement
on land. (b) Security interest in fixtures under real-property law. This article does not
prevent creation of an encumbrance upon fixtures under real property law. (c) General rule:
Subordination of security interest in fixtures. In cases not governed by subsections (d) through
(h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer
or owner of the related real property other than the debtor. (d) Fixtures purchase-money priority.
Except as otherwise provided in subsection (h), a perfected security interest in fixtures
has priority over a conflicting interest of an encumbrancer or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-334.htm - 5K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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