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8-21A-8
Section 8-21A-8 Dealer's action against supplier for violations; civil liability and remedies.
Any dealer may bring an action against a supplier in court of competent jurisdiction for damages
sustained by the dealer as a result of supplier's violation of any part of this chapter, together
with the actual costs of the action, including but not limited to, reasonable attorney's fees
along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive
relief against the unlawful termination, cancellation, nonrenewal or change in competitive
circumstances by the supplier. The remedies set forth in this section shall not be deemed
exclusive and shall be in addition to any other remedies permitted by law. (Acts 1991, No.
91-721, p. 1401, ยง8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-8.htm - 1K - Match Info - Similar pages
10A-1-6.22
Section 10A-1-6.22 General scope of permissive indemnification. (a) Except as otherwise provided
by subsection (d) and subject to subsection (b), an enterprise may indemnify a governing person,
former governing person, or delegate against a judgment, penalty, settlement, or fine, including
an excise or similar tax or an excise tax assessed against the person regarding an employee
benefit plan, and against reasonable expenses actually incurred by the person in connection
with a proceeding. (b) Indemnification under this chapter of a person who is found liable
to the enterprise or is found liable because the person improperly received a personal benefit:
(1) is limited to reasonable expenses actually incurred by the person in connection with the
proceeding; and (2) may not be made in relation to a proceeding in which the person has been
found liable for: (A) willful or intentional misconduct in the performance of the person's
duty to the enterprise; (B) breach of the person's duty of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-6.22.htm - 2K - Match Info - Similar pages
28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-8.htm - 4K - Match Info - Similar pages
37-14-11
Section 37-14-11 Judicial determination of legality, etc., of article - Filing of complaint.
At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution
facilities are subject to the provisions of this article and whose facilities may be purchased
pursuant to this article by a primary electric supplier may, in its discretion before the
closing of such purchase, seek judicial determination of the legality and validity of such
purchase of facilities pursuant to the provisions of this article, and all other questions
of the legality or validity of the provisions of this article. Such judicial determination
shall be had upon the filing of a complaint against the citizens of the State of Alabama and
against the affected primary electric supplier. Such complaint shall be filed in the circuit
court of Montgomery County, Alabama which shall have exclusive venue for the determination
of all questions of the legality and validity of the provisions of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-11.htm - 1K - Match Info - Similar pages
45-2-22.08
Section 45-2-22.08 Compensation for violation; arbitration. (a) Except as provided for in this
part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any
agreement; or has caused a wholesaler to resign from any agreement; or has interfered with,
prevented, or unreasonably delayed, or where required by this part, has withheld or unreasonably
delayed consent to or approval of, any assignment or transfer of a wholesaler's business,
shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's
business, including any ancillary business which has been negatively affected by the act of
the supplier. The value of the wholesaler's business or ancillary business shall include,
but not be limited to, any good will. Provided, however, nothing contained in this part shall
give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler's
business. (b) Should either party, at any time, determine that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.08.htm - 4K - Match Info - Similar pages
45-37-21.09
Section 45-37-21.09 Reasonable compensation for diminution of value of business of wholesaler;
arbitration. (a) Except as provided for in this part, a supplier that has amended, modified,
cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required
by this part, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of the business of the wholesaler, shall pay the wholesaler reasonable compensation
for the diminished value of the business of the wholesaler, including any ancillary business
which has been negatively affected by the act of the supplier. The value of the business or
ancillary business of the wholesaler shall include, but not be limited to, any good will.
Provided, however, nothing contained in this part shall give rise to a claim against the supplier
or wholesaler by any proposed purchaser of the business...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.09.htm - 4K - Match Info - Similar pages
45-49-23.07
Section 45-49-23.07 Compensation for violation; arbitration. (a) Except as provided for in
this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew
any agreement; or has caused a wholesaler to resign from any agreement; or has interfered
with, prevented, or unreasonably delayed, or where required by this part, has withheld or
unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's
business, shall pay the wholesaler reasonable compensation for the diminished value of the
wholesaler's business, including any ancillary business which has been negatively affected
by the act of the supplier. The value of the wholesaler's business or ancillary business shall
include, but not be limited to, any good will. Provided, however, nothing contained in this
part shall give rise to a claim against the supplier or wholesaler by any proposed purchaser
of wholesaler's business. (b) Should either party, at any time, determine that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.07.htm - 4K - Match Info - Similar pages
24-5-2
Section 24-5-2 Definitions. Unless clearly indicated otherwise by the context, the following
words when used in this article, for purposes of this article, shall have the meanings respectively
ascribed to them in this section: (1) ALABAMA MANUFACTURED HOUSING COMMISSION FUND. The fund
established to provide necessary revenue for the enforcement of this article. (2) COMMISSION.
The Alabama Manufactured Housing Commission. (3) DEALER. Any person, other than a manufacturer,
who is duly licensed to sell manufactured homes in this state. (4) LABEL. The approved form
of certification by the manufacturer under the Uniform Standards Code that is permanently
affixed to each manufactured home or transportable section thereof, and which serves as the
certification by the manufacturer of conformance with the applicable federal manufactured
home construction and safety standards in effect the date of manufacture. (5) MANUFACTURED
HOME. A structure, transportable in one or more sections, which when...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-5-2.htm - 2K - Match Info - Similar pages
8-21A-6
Section 8-21A-6 Supplier's duties to dealers - Agreements to maintain inventory; supplier's
duty to repurchase inventory, etc. upon termination of agreement; transfer of title and right
of possession; continuing security interest; items not covered; civil liability of supplier;
remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier wherein the
dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement
is subsequently terminated or not renewed, whether by either party or mutual consent of both,
the supplier shall repurchase the inventory as provided in this section. Further, supplier
shall repurchase at its fair market value or assume the lease responsibilities of any specific
data processing hardware and/or software that the supplier required the dealer to purchase
to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of
the current net price any merchandising tools, accessories, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-6.htm - 5K - Match Info - Similar pages
8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-4.htm - 6K - Match Info - Similar pages
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