7-2A-221
Section 7-2A-221 Casualty to identified goods. If a lease contract requires goods identified
when the lease contract is made, and the goods suffer casualty without fault of the lessee,
the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss
passes to the lessee pursuant to the lease agreement or Section 7-2A-219, then: (a) if the
loss is total, the lease contract is voided; and (b) if the loss is partial or the goods have
so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless
demand inspection and at his or her option either treat the lease contract as voided or, except
in a finance lease, accept the goods with due allowance from the rent payable for the balance
of the lease term for the deterioration or the deficiency in quantity but without further
right against the lessor. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §221.)...
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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-522
Section 7-2A-522 Lessee's right to goods on lessor's insolvency. (1) Subject to subsection
(2) and even though the goods have not been shipped, a lessee who has paid a part or all of
the rent and security for goods identified to a lease contract (Section 7-2A-217) on making
and keeping good a tender of any unpaid portion of the rent and security due under the lease
contract may recover the goods identified from the lessor if the lessor becomes insolvent
within 10 days after receipt of the first installment of rent and security. (2) A lessee acquires
the right to recover goods identified to a lease contract only if they conform to the lease
contract. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §522.)...
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7-2A-308
Section 7-2A-308 Special rights of creditors. (1) A creditor of a lessor in possession of goods
subject to a lease contract may treat the lease contract as void if as against the creditor
retention of possession by the lessor is fraudulent under any statute or rule of law, but
retention of possession in good faith and current course of trade by the lessor for a commercially
reasonable time after the lease contract becomes enforceable is not fraudulent. (2) Nothing
in this article impairs the rights of creditors of a lessor if the lease contract is made
under circumstances which under any statute or rule of law apart from this article would constitute
the transaction a fraudulent transfer or voidable preference. (3) A creditor of a seller may
treat a sale or an identification of goods to a contract for sale as void if as against the
creditor retention of possession by the seller is fraudulent under any statute or rule of
law, but retention of possession of the goods pursuant to a lease...
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7-9A-409
Section 7-9A-409 Restrictions on assignment of letter-of-credit rights ineffective. (a) Term
or law restricting assignment generally ineffective. A term in a letter of credit or a rule
of law, statute, regulation, custom, or practice applicable to the letter of credit which
prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person
to a beneficiary's assignment of or creation of a security interest in a letter-of-credit
right is ineffective to the extent that the term or rule of law, statute, regulation, custom,
or practice: (1) would impair the creation, attachment, or perfection of a security interest
in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment,
or perfection of the security interest may give rise to a default, breach, right of recoupment,
claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent...
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35-11-212
Section 35-11-212 Building or improvement on leased land. (a) When the building or improvement
is erected under or by virtue of any contract with a lessee in possession, and the erection
thereof is not in violation of the terms or conditions of the lease, the lien shall attach
to such building or improvement, and to the unexpired term of the lease, and the holder of
the lien shall have the right to avoid a forfeiture of the lease by paying rent to the lessor,
as it becomes due and payable, or by the performance of any other act or duty to which the
lessee may be bound; and if the lien is enforced by a sale of the building or improvement,
the purchaser may, at his election, become entitled to the possession of the demised premises,
and to remain therein for the unexpired term, by paying rent to the lessor, or performing
any other act or duty to which the lessee was bound, as if he were the assignee of the lease;
or he may, within 60 days after the sale, remove such building or...
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6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
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7-2A-406
Section 7-2A-406 Procedure on excused performance. (1) If the lessee receives notification
of a material or indefinite delay or an allocation justified under Section 7-2A-405, the lessee
may by written notification to the lessor as 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): (a) terminate the lease contract (Section 7-2A-505(2));
or (b) except in a finance lease, modify the lease contract by accepting the available quota
in substitution, with due allowance from the rent payable for the balance of the lease term
for the deficiency but without further right against the lessor. (2) If, after receipt of
a notification from the lessor under Section 7-2A-405, the lessee fails so to modify the lease
agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect
to any deliveries affected. (Acts 1992, 2nd Ex. Sess., No....
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7-2A-526
Section 7-2A-526 Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop
delivery of goods in the possession of a carrier or other bailee if the lessor discovers the
lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments
of express or freight if the lessee repudiates or fails to make a payment due before delivery,
whether for rent, security or otherwise under the lease contract, or for any other reason
the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies
under subsection (1), the lessor may stop delivery until (a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee
holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via
reshipment or as a warehouse. (3)(a) To stop delivery, a lessor shall so notify as to enable
the bailee by reasonable diligence to prevent delivery...
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7-2A-306
Section 7-2A-306 Priority of certain liens arising by operation of law. If a person in the
ordinary course of his or her business furnishes services or materials with respect to goods
subject to a lease contract, a lien upon those goods in the possession of that person given
by statute or rule of law for those materials or services takes priority over any interest
of the lessor or lessee under the lease contract or this article unless the lien is created
by statute and the statute provides otherwise or unless the lien is created by rule of law
and the rule of law provides otherwise. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §306.)...

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