7-8-509
Section 7-8-509 Specification of duties of securities intermediary by other statute or regulation;
manner of performance of duties of securities intermediary and exercise of rights of entitlement
holder. (a) If the substance of a duty imposed upon a securities intermediary by Sections
7-8-504 through 7-8-508 is the subject of other statute, regulation, or rule, compliance with
that statute, regulation, or rule satisfies the duty. (b) To the extent that specific standards
for the performance of the duties of a securities intermediary or the exercise of the rights
of an entitlement holder are not specified by other statute, regulation, or rule or by agreement
between the securities intermediary and entitlement holder, the securities intermediary shall
perform its duties and the entitlement holder shall exercise its rights in a commercially
reasonable manner. (c) The obligation of a securities intermediary to perform the duties imposed
by Sections 7-8-504 through 7-8-508 is subject to:...
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10A-1-3.33
Section 10A-1-3.33 Right of inspection and access by governing persons. (a) An entity described
in subsection (e) shall provide governing persons and their agents and attorneys access to
its books and records, including the books and records required to be maintained under the
chapter of this title applicable to the entity and other books and records of the entity for
any purpose reasonably related to the governing person's service as a governing person. The
right of access shall include the right to inspect and copy books and records during ordinary
business hours. An entity may impose a reasonable charge covering the costs of labor and material
for copies of documents furnished. (b) An entity described in subsection (e) shall furnish
to a governing person both of the following: (1) Without demand, any information concerning
the entity's business and affairs reasonably required for the proper exercise of the governing
person's rights and duties under the entity's governing documents...
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10A-8A-4.11
Section 10A-8A-4.11 General standards of partner's conduct. (a) The duties that a partner has
to the partnership and to the other partners include the duty of loyalty and the duty of care
as described in subsections (b) and (c). (b) A partner's duty of loyalty to the partnership
and to the other partners includes each of the following: (1) To account to the partnership
and to hold as trustee for it any property, profit, or benefit derived by the partner in the
conduct or winding up of the partnership's business or not-for-profit activity or derived
from a use by the partner of partnership property, including the appropriation of a partnership
opportunity. (2) To refrain from dealing with the partnership in the conduct or winding up
of the partnership's business or not-for-profit activity as or on behalf of a party having
an interest adverse to the partnership. (3) To refrain from competing with the partnership
in the conduct of the partnership's business or not-for-profit activity...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
shall have the following powers together with all powers incidental thereto or necessary to
the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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11-50-235
Section 11-50-235 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc.; exemption
from taxation of property and income of corporation. (a) Each corporation formed under this
division shall have the following powers together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this division; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation (whether or not such system or systems were in...
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7-1-301
Section 7-1-301 Territorial applicability; parties' power to choose applicable law. (a) Except
as otherwise provided in this section, when a transaction bears a reasonable relation to this
state and also to another state or nation the parties may agree that the law either of this
state or of such other state or nation shall govern their rights and duties. (b) In the absence
of an agreement effective under subsection (a), and except as provided in subsection (c),
this title applies to transactions bearing an appropriate relation to this state. (c) If one
of the following provisions of this title specifies the applicable law, that provision governs
and a contrary agreement is effective only to the extent permitted by the law so specified:
(1) Section 7-2-402; (2) Sections 7-2A-105 and 7-2A-106; (3) Section 7-4-102; (4) Section
7-4A-507; (5) Section 7-5-116; (6) Section 7-8-110; (7) Sections 7-9A-301 through 7-9A-307.
(Act 2004-524, p. 1070, §1.)...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty
in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated
in the lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessee elects not to cover or a lessee elects
to cover and the cover is by lease agreement that for any reason does not qualify for treatment
under Section 7-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery
or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is
the present value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default. (2) Market...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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10A-9A-4.08
Section 10A-9A-4.08 General standards of general partner's conduct. (a) The duties that a general
partner has to the limited partnership and to the other partners include the duty of loyalty
and the duty of care as described in subsections (b) and (c). (b) A general partner's duty
of loyalty to the limited partnership and to the other partners includes each of the following:
(1) to account to the limited partnership and to hold as trustee for it any property, profit,
or benefit derived by the general partner in the conduct or winding up of the limited partnership's
activities and affairs or derived from a use by the general partner of limited partnership
property, including the appropriation of a limited partnership opportunity; (2) to refrain
from dealing with the limited partnership in the conduct or winding up of the limited partnership's
activities and affairs as or on behalf of a party having an interest adverse to the limited
partnership; and (3) to refrain from competing with...
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2-18-3
Section 2-18-3 Department may enter into contracts to perform grading at poultry slaughtering,
dressing or processing plants; collection of fees by department and disposition thereof. The
Department of Agriculture and Industries, acting by and through the Commissioner of Agriculture
and Industries, with the approval of the State Board of Agriculture and Industries, is also
authorized and empowered to enter into contracts with any person, firm, partnership, corporation
or association engaged in slaughtering, dressing, processing or marketing poultry or poultry
products whereby the Department of Agriculture and Industries, on terms and conditions mutually
agreed upon between the parties to such a contract, shall perform poultry meat grading at
poultry slaughtering, dressing or processing plants to the end that poultry slaughtered, dressed
or processed at such plants shall meet the requirements of any rules, regulations, specifications
or standards adopted and promulgated under the...
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