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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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22-28-21
Section 22-28-21 Air pollution emergencies. (a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a generalized condition of air pollution exists
and that it creates an emergency requiring immediate action to protect human health or safety,
the director shall order persons causing or contributing to the air pollution to reduce or
discontinue immediately the emission of air contaminants, and such order shall fix a place
and time, not later than 24 hours thereafter, for a hearing to be held before the Environmental
Management Commission. Not more than 24 hours after the commencement of such hearing, and
without adjournment thereof, the Environmental Management Commission shall affirm, modify
or set aside the order of the director. (b) In the absence of a generalized condition of air
pollution of the type referred to in subsection (a) of this section, but if the director finds
that emissions from the operation of one or more air contaminants sources...
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45-2-243.50
Section 45-2-243.50 Authority to manage public improvements outside municipal boundaries. (a)
The Baldwin County Commission shall have authority to control, manage, supervise, regulate,
repair, maintain, and improve any type public improvement which enhances the value of property;
including but not limited to paving, sewerage, sanitation, water, drainage, gas, lighting,
and flood prevention, on any land in Baldwin County which does not lie within the corporate
limits of any municipality. Provided however, any existing or future public improvement as
defined herein under the control or authority of any municipality whether the improvement
is within or outside the corporate limits of the municipality or any existing or future improvement
under the authority or control of any legally constituted public authority shall be exempt
from the provisions of this subpart. (b) The cost and expense of any materials used in the
repair, maintenance, or improvement of the public improvements may be...
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7-2-714
Section 7-2-714 Buyer's damages for breach in regard to accepted goods. (1) Where the buyer
has accepted goods and given notification (subsection (3) of Section 7-2-607) he may recover
as damages for any nonconformity of tender the loss resulting in the ordinary course of events
from the seller's breach as determined in any manner which is reasonable. (2) The measure
of damages for breach of warranty is the difference at the time and place of acceptance between
the value of the goods accepted and the value they would have had if they had been as warranted,
unless special circumstances show proximate damages of a different amount, and nothing in
this section shall be construed so as to limit the seller's liability for damages for injury
to the person in the case of consumer goods. Damages in an action for injury to the person
include those damages ordinarily allowable in such actions at law. (3) In a proper case any
incidental and consequential damages under Section 7-2-715 may also be...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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11-67-123
Section 11-67-123 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the municipality, including work by contractors employed by the city, the enforcing
official shall compute the actual expenses, including, but not limited to, total wages paid,
value of the use of equipment, advertising expenses, postage, and materials purchased, which
were incurred by the municipality as a result of the work. An itemized statement of the expenses
shall be provided by certified letter with signature receipt required to the last known address
of the owner of the property. This notice shall be sent at least five days in advance of the
time fixed by the city council to consider the assessment of the cost against the property.
(c) At the time fixed for receiving and considering the...
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11-67-43
Section 11-67-43 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the city, including work by contractors employed by the city, the enforcing official
shall compute the actual expenses, including, but not limited to, total wages paid, value
of the use of equipment, advertising expenses, postage, and materials purchased, which were
incurred by the city as a result of the work. An itemized statement of the expenses shall
be given by first class mail to the last known address of the owner of the property. This
notice shall be sent at least five days in advance of the time fixed by the city council to
consider the assessment of the cost against property. (c) At the time fixed for receiving
and considering the statement, the council shall hear the same, together...
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11-67-93
Section 11-67-93 Failure to abate condition; assessing cost of abatement. (a) If the owner
fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official
shall cause the offending grass or weeds to be cut. (b) Upon completion of the abatement work
performed by the municipality, including work by contractors employed by the municipality,
the enforcing official shall compute the actual expenses, including, but not limited to, total
wages paid, value of the use of equipment, advertising expenses, postage, and materials purchased,
which were incurred by the municipality as a result of the work. An itemized statement of
the expenses shall be given by first class mail to the last known address of the owner of
the property. This notice shall be sent at least five days in advance of the city council
meeting in which they will consider the assessment of the cost against property. (c) At the
time fixed for receiving and considering the statement, the council...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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