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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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11-98-5.2
Section 11-98-5.2 911 Fund. (a) Effective October 1, 2013, the 911 Fund shall be created as
an insured interest-bearing account into which the 911 Board shall deposit all revenues derived
from the service charge levied on voice communications service providers under this chapter
and all prepaid wireless 911 charges received from the department. The revenues deposited
into the 911 Fund shall not be monies or property of the state and shall not be subject to
appropriation by the Legislature. The 911 Board shall administer the fund and shall credit
the 911 Fund all revenues received. The fund and revenues generated by the fund may only be
used as provided in this chapter. (b) Effective October 1, 2013, there shall first be deducted,
no more than one time during each calendar month, from the total amount of the statewide 911
charges paid over to the 911 Board during such month, a sum not to exceed one percent of the
total amount, to be applied by the 911 Board exclusively for payment of...
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16-39-12
Section 16-39-12 Scholarships for special teachers. The State Board of Education is authorized
to make training grants to professional personnel who seek special training in exceptional
child education to qualify said personnel to meet professional requirements set forth in said
state board's regulations and shall be responsible for the administration of said program.
Such grants are limited to personnel who are under contract to work in the exceptional child
program in this state, the training schools, the child training centers and at the various
residential facilities for exceptional children throughout the state for such contractual
periods as the State Board of Education may by regulation specify and to regular students
who plan to work in the exceptional child program in this state and who sign a commitment
satisfactory to the State Board of Education that they will take an appropriate available
job at any location within the State of Alabama upon graduation or completion of...
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34-21-96
Section 34-21-96 Awarding of loans and terms of repayment. (a)(1) The board shall establish
and award, according to the judgment of the board, loans to provide for the training of qualified
applicants for admission or students in accredited nursing education programs approved by
the board who are pursuing, or have completed within the five years immediately preceding
the current loan term, a graduate degree to become a certified registered nurse practitioner
(CRNP), a certified nurse midwife (CNM), or a certified registered nurse anesthetist (CRNA),
but only for people who have signed contracts as provided in subsection (b). The board may
permit eligible people to apply for a loan under the Alabama Loan-Repayment Program for Advanced-Practice
Nursing in any scholastic year and for any previously completed scholastic year. (2) The board
may award to an eligible person, for as many as three years for a person pursuing or holding
an eligible master's degree and as many as four years for a...
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22-4B-6
Section 22-4B-6 Paid educational leave - Duties in the health department - Attendance reports.
At the option of the board, recipients attending nursing school may be granted paid educational
leave during times of such attendance. Employees attending school full-time shall be assigned
duties in the health department on weekdays, except state holidays, when school is not in
session, or shall be charged with annual leave or sick leave, as appropriate. Employees attending
school part-time shall perform duties in the health department except when scheduled for class.
Educational institutions approved by the board for participation in the program shall be required,
as a condition of such approval, to submit monthly attendance reports to the department for
all loan recipients. Employees granted paid educational leave shall be charged for annual
leave for each school day or portion thereof when not in attendance. Repeated unexcused absences
shall be sufficient cause for the board to cancel the...
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22-7A-1
Section 22-7A-1 Physician agreements; dentist agreements. (a) For the purposes of this chapter,
the following words shall have the following meanings: (1) DENTIST. A person licensed to practice
dentistry in this state. (2) DENTIST AGREEMENT or AGREEMENT. A contract between a dentist
and a patient or his or her legal representative in which the dentist or the dentist's medical
practice agrees to provide dental services to the patient for an agreed upon fee and period
of time. (3) DENTIST PRACTICE. A dentist or a dental practice of a dentist that charges a
periodic fee for dental services and which does not bill a third party any additional fee
for services for patients covered under a dental agreement. The per visit charge of the practice
shall be less than the monthly equivalent of the periodic fee. (4) PHYSICIAN. A person licensed
to practice medicine in this state. (5) PHYSICIAN AGREEMENT or AGREEMENT. A contract between
a physician and a patient or his or her legal representative in...
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34-11-36
Section 34-11-36 Receipts and disbursements. The executive director of the board shall receive
and account for all money derived under this chapter. All funds collected shall be deposited
with the State Treasurer. With the exception of the civil penalties deposited in the General
Fund as provided in Section 34-11-11.1, the State Treasurer shall keep the money in a separate
fund to be known as the "Professional Engineers and Professional Land Surveyors Fund."
The fund shall be kept separate and apart from all other money in the Treasury, and shall
be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers,
approved by the executive director of the board. No funds shall be withdrawn or expended except
as budgeted and allotted according to Article 4 of Chapter 4 of Title 41. Any funds or money
in the hands of the State Treasurer, known as the Professional Engineers and Professional
Land Surveyors Fund, at the end of the state fiscal year in excess of that...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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11-91A-7
Section 11-91A-7 Jurisdiction of board; funding; powers of board. The board shall have full,
complete, and exclusive jurisdiction over the program and shall allocate funds from its treasury
for the fulfillment and accomplishment of its duties and responsibilities in a manner as may
be necessary and appropriate to carry out the purposes of this chapter. The board shall have
the general powers and authority granted under the laws of this state for health insurers,
and in addition thereto, the specific authority to do all of the following: (a) Subject to
compliance with Section 11-91A-8 where applicable, execute a contract or contracts to provide
for the administration of the program in accordance with this chapter. The contract or contracts
may be executed with one or more agencies or corporations licensed to transact or administer
group health care business in this state with similar plans of the state for the joint performance
of common administrative functions. (b) Establish, and...
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40-2A-6
Section 40-2A-6 Government contract for examination of taxpayer's records where compensation,
etc., contingent upon tax, interest, etc., assessed or collected; violation; costs of examination.
(a) The state or any county or municipal governing authority may not enter into any contract
or arrangement for the examination of a taxpayer's books and records, written or otherwise,
with a private auditing or collecting firm, if any part of the compensation or other benefits
paid or payable to the private auditing or collecting firm is contingent upon or in any manner
related to the amount of tax, license fee, interest, court cost, penalty, or any other item
assessed against or collected from the taxpayer. Any such contract or arrangement, if made
or entered into, is void and unenforceable. Any assessment or preliminary assessment of taxes,
license fees, penalties, court costs, interest, or other items proposed or asserted by, or
based upon the recommendation of, a private auditing or...
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