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7-3-417
Section 7-3-417 Presentment warranties. (a) If an unaccepted draft is presented to the drawee
for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining
payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft,
at the time of transfer, warrant to the drawee making payment or accepting the draft in good
faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft,
a person entitled to enforce the draft or authorized to obtain payment or acceptance of the
draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered;
and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty
equal to the amount paid by the drawee less the amount the drawee received or is entitled
to receive from the drawer because of the payment. In addition,...
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7-9A-611
Section 7-9A-611 Notification before disposition of collateral. (a) "Notification date."
In this section, "notification date" means the earlier of the date on which: (1)
a secured party sends to the debtor and any secondary obligor an authenticated notification
of disposition; or (2) the debtor and any secondary obligor waive the right to notification.
(b) Notification of disposition required. Except as otherwise provided in subsection (d),
a secured party that disposes of collateral under Section 7-9A-610 shall send to the persons
specified in subsection (c) a reasonable authenticated notification of disposition. (c) Persons
to be notified. To comply with subsection (b), the secured party shall send an authenticated
notification of disposition to: (1) the debtor; (2) any secondary obligor; and (3) if the
collateral is other than consumer goods: (A) any other person from which the secured party
has received, before the notification date, an authenticated notification of a claim of an...
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8-33-13
Section 8-33-13 Applicability. This chapter applies to all vehicle protection products sold
or offered for sale on or after January 1, 2007. The failure of any person to comply with
this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
be used to prove that the action of any person or the affected vehicle protection product
was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle
protection product warranty was insurance prior to January 1, 2007. The penalty provisions
of this chapter do not apply to any violation of this chapter relating to or in connection
with the sale or failure to disclose in a retail installment contract or lease, or contract
or agreement that provides for payments under a vehicle protection product warranty as long
as the sale of such product, contract, or agreement was otherwise...
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10A-5A-11.05
Section 10A-5A-11.05 Member's power to dissociate as a member associated with a series; wrongful
dissociation. (a) A person has the power to dissociate as a member associated with a series.
(b) A person's dissociation from a series is wrongful only if: (1) it is in breach of an express
provision of the limited liability company agreement; or (2) the person is expelled as a member
associated with the series by judicial determination under Section 10A-5A-11.06(f); or (3)
the person is dissociated as a member associated with a series by becoming a debtor in bankruptcy
or making a general assignment for the benefit of creditors. (c) A person that wrongfully
dissociates as a member associated with a series is liable to the series and, subject to Section
10A-5A-9.01, to the other members associated with that series for damages caused by the dissociation.
The liability is in addition to any other debt, obligation, or liability of the member associated
with a series to the series or the other...
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10A-9A-6.04
Section 10A-9A-6.04 Person's power to dissociate as general partner; wrongful dissociation.
(a) A person has the power to dissociate as a general partner at any time, rightfully or wrongfully,
by express will pursuant to Section 10A-9A-6.03(1). (b) A person's dissociation as a general
partner is wrongful only if: (1) it is in breach of an express provision of the limited partnership;
or (2) it occurs before the completion of the winding up of the limited partnership, and:
(A) the person dissociates as a general partner by express will; (B) the person is expelled
as a general partner by judicial order under Section 10A-9A-6.03(5); (C) the person is dissociated
as a general partner by becoming a debtor in bankruptcy; or (D) in the case of a person that
is not an individual, trust other than a business trust, or estate, the person is expelled
or otherwise dissociated as a general partner because it willfully dissolved or terminated.
(c) A person that wrongfully dissociates as a general...
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11-30-1
Section 11-30-1 Definitions. For the purpose of this chapter the following terms shall have
the meanings subscribed to them by this section: (1) LIABILITY SELF-INSURANCE FUND. An entity
or entities, to be formed by two or more counties of Alabama for the purpose of pooling resources
and funds to self-insure such counties and/or their officers and employees acting in the line
and scope of their employment against: a. Loss for money damages which any person or other
entity is legally entitled to recover from a member county or its officers and employees for
damages suffered as a result of a claim as defined under this chapter. b. Damage to or loss
of property owned or leased by a member county. (2) MEMBER COUNTY. A county which elects to
pool its resources and funds with one or more other counties for the purpose of forming a
liability self-insurance fund. (3) CLAIM. Any claim or suit filed against a member county
for money damages which any person or other entity is legally entitled to...
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15-18-182
Section 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance
with plan. (a) In order to remain eligible for continued grant funding, a recipient must substantially
comply with the requirements of this article and the standards and administrative regulations
of the department promulgated pursuant to the Administrative Procedure Act defining program
effectiveness. Each recipient will participate in a substantive evaluation to determine local
and state program effectiveness. The form of this evaluation will be determined in collaboration
with the Office of the Governor. The standards, regulations, and evaluations of the department
are public records and shall be made available for inspection and copying upon request. (b)
Continued grant funding shall be based on demonstrated effectiveness in either reducing the
number of commitments of eligible offenders to state penal institutions or local jails which
would likely have occurred without the...
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22-27-6
Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance
as public nuisance; citation; court proceedings. (a) The county commission may by resolution
or ordinance provide for the orderly collection of fees charged under the provisions of this
article. Such commission may establish periodic payment systems and is authorized to purchase
necessary supplies and materials and employ personnel necessary to effectuate any such periodic
payment system. Such periodic payment system may be effected by the county through negotiation
with any one or more public or private utilities providing service in the county for the periodic
billing of such fees and the collection thereof on behalf of the county by one or more such
utilities. Any delinquency in any such payment shall constitute a violation of this article
and entitle the county to pursue any remedy provided in this article. The county may agree
to pay reasonable compensation to any such utility for its...
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28-4-128
Section 28-4-128 Alcoholic Beverage Control Board to make written demand for statement upon
failure of common carrier, etc., to file same; notification of Attorney General of further
refusal or neglect to file statement; institution of proceedings for mandamus or injunction
by Attorney General. If any person, firm or corporation within the terms of this article shall
neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements
as required by Section 28-4-127, then it shall be the duty of the said board to make written
demand upon such person, firm or corporation to comply with the requirements of Section 28-4-127,
such demand to be served by any agent or officer of the board and return made to the board
upon a copy of the original demand. Upon further refusal or noncompliance, it shall be the
duty of the board to inform promptly the Attorney General of the state of such failure or
refusal, and it shall then be the duty of the Attorney General to file...
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35-10A-2
Section 35-10A-2 Transfer of property, assets, etc. (a) Notwithstanding any other provision
of law including, but not limited to, Section 7-9-506 and Section 7-9A-623, to the extent
set forth in the transaction documents relating to a securitization transaction: (1) Any property,
assets, or rights purported to be transferred, in whole or in part, in the securitization
transaction shall be deemed to no longer be the property, assets, or rights of the transferor;
(2) A transferor in the securitization transaction, its creditors or, in any insolvency proceeding
with respect to the transferor or the transferor's property, a bankruptcy trustee, receiver,
debtor, debtor in possession, or similar person, to the extent the issue is governed by Alabama
law, shall have no rights, legal or equitable, whatsoever to reacquire, reclaim, recover,
repudiate, disaffirm, redeem, or recharacterize as property of the transferor any property,
assets, or rights purported to be transferred, in whole or in...
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