Code of Alabama

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11-58-6
Section 11-58-6 Requirements as to leasing of medical clinics or clinical facilities; disposition
of revenue from operation of clinic. (a) Prior to the leasing of the medical clinic or clinical
facilities, the board of directors must determine and find the following: (1) The amount necessary
in each year to pay the principal of and the interest on the bonds proposed to be issued to
finance such clinic (which term, as used in this section, shall also include any clinical
facilities covered by any such lease); (2) Unless the proceedings under which the proposed
bonds are to be issued provide that any debt service reserve fund which the board of directors
deems it advisable to establish in connection with the retirement of the proposed bonds is
to be entirely funded out of the proceeds from the sale of such bonds, the amount necessary
to be paid each year into any such reserve fund; (3) The amount necessary to be paid each
year into any reserve fund which the board of directors may deem...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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11-61A-10
Section 11-61A-10 Operation of the facility. (a) As used in this section, the word "person"
means a natural person, a corporation, a partnership, or an unincorporated association. (b)
The authority shall carefully consider and decide whether it is in the public interest for
the authority to operate the facility, enter into a contract with a person to operate the
facility for the authority, or lease the facility. The authority shall consider all the following
factors in making this determination: (1) The relative efficiency of the alternate operations.
(2) The relative economy of the alternate operations. (3) The overall advantage and benefit
to the authority and the public of the alternate operations. In order to make this determination,
the authority shall ascertain each of the following: (1) The amount necessary in each year
to pay the principal and interest on the bonds proposed to be issued to finance the parking
facility. (2) The amount necessary to be paid each year to any...
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19-3B-903
Section 19-3B-903 Diversification. (a) A trustee shall diversify the investments of the trust
unless the trustee reasonably determines that, because of special circumstances, the purposes
of the trust are better served without diversifying. (b) In the absence of an express provision
to the contrary in the terms of the trust, a trustee without liability, may continue to hold
property received into the trust at its inception or subsequently added to it or acquired
pursuant to proper authority if and so long as the trustee, in the exercise of good faith
and of reasonable prudence, considers the retention to be in the best interest of the trust
or in furtherance of the purposes of the trust. The property shall include any successor-in-interest
to the original property. The property may also include, among other things, stock in the
trustee if a corporation and stock in any corporation controlling, controlled by, or under
common control with the trustee. (Act 2006-216, p. 314, ยง1.)...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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39-2-4
Section 39-2-4 Filing of guaranties by bidders; prequalification procedures and criteria; responsibility
of prequalified bidders; revocation of prequalification; rejection of bidder. (a) The bidder
shall be required to file with his or her bid either a cashier's check drawn on an Alabama
bank or a bid bond executed by a surety company duly authorized and qualified to make such
bonds in the State of Alabama, payable to the awarding authority for an amount not less than
five percent of the awarding authority's estimated cost or of the contractor's bid, but in
no event more than ten thousand dollars ($10,000), except if the awarding authority is the
Department of Transportation, then the bid guarantee shall not be more than fifty thousand
dollars ($50,000). The bid guaranties as provided in this section shall constitute all of
the qualifications or guaranty to be required of contractors as prerequisites to bidding for
public works, except as required by the State Licensing Board for...
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19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
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45-27A-32
Section 45-27A-32 Community antenna television system. (a) As used in this section the word
city shall mean the City of Brewton, Alabama, in Escambia County, a municipal corporation
organized under the laws of the State of Alabama. (b) In addition to all other powers, rights,
and authority heretofore granted by law: The city is hereby authorized and empowered to acquire,
purchase, construct, lease, operate, maintain, enlarge, extend, and improve a community antenna
television system (CATV), which may be defined, without limiting the generality, as a facility
that in whole or in part, receives directly, or indirectly, or over the air, and amplifies
or otherwise modifies the signal transmitting programs broadcast by one or more television
or radio stations from any point within this state or any other state and distributes such
signals by wire or cable or any other means to subscribing members of the public who pay for
such service. (c) For the purposes of this section, the city may...
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10A-8A-4.10
Section 10A-8A-4.10 Right of partner and former partner to information. Notwithstanding Sections
10A-1-3.32 and 10A-1-3.33: (a) Subject to subsection (f), a partner, without having any particular
purpose for seeking the information, may inspect and copy during regular hours at a reasonable
location specified by the partnership, required information and any other records maintained
by the partnership regarding the partnership's business or not for profit activity and financial
condition. (b) Subject to subsection (f), each partner and the partnership shall furnish to
a partner: (1) without demand, any information concerning the partnership's business or not
for profit activity reasonably required for the proper exercise of the partner's rights and
duties under the partnership agreement or this chapter; and (2) on demand, any other information
concerning the partnership's business or not for profit activity, except to the extent the
demand or the information demanded is unreasonable or...
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