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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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37-2-21
- When issued; contents; receipt for cotton in bales; common-law liability not affected. (a)
Every transportation company receiving property for transportation, originating and terminating
in this state, shall issue to the shipper a receipt or bill of lading therefor in which shall
be stated the class or classes of freight shipped and the rate to the point of destination
and aggregate charge made for the transportation and shall be liable to the lawful holder
thereof for any loss, damage or injury to such property negligently caused by it or
by any transportation company to which said property may be delivered, or over whose lines
such property may pass; and no contract, stipulation, receipt, rule or regulation contained
in said receipt or bill of lading, or otherwise, shall exempt such transportation company
from the liability hereby imposed; but nothing in this subsection shall deprive any holder
of such receipt or bill of lading of any remedy or right of action which he has under...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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41-16-27
the Governor, except in cases where the awarding authority is a two-year or four-year college
or university governed by a board. The awarding authority or requisitioning agency shall have
the right to reject any bid if the price is deemed excessive or quality of product inferior.
Awards are final only after approval of the purchasing agent. (b)(1) The awarding authority
may award multiple purchase contracts resulting from a single invitation-to-bid where the
specifications of the items of personal property or services intended to be purchased
by a requisitioning agency or agencies are determined, in whole or in part, by technical compatibility
and operational requirements. In order to make multiple awards under this provision, the awarding
authority must include in the invitation-to-bid a notice that multiple awards may be made
and the specific technical compatibility or operational requirements necessitating multiple
awards. Multiple awards of purchase contracts with unique...
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35-8A-403
Section 35-8A-403 Offering statement - General provisions. (a) Except as provided in subsection
(b), an offering statement must contain or fully and accurately disclose the following information
with regard to the condominium, including a proposed condominium: (1) The name and principal
address of the declarant; (2) The name and the address, legal description, or other description
of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and
types of buildings, structures, and amenities the declarant is obligated to build, and declarant's
schedule of commencement and completion of construction of buildings, structures, and amenities
the declarant is obligated to include in the condominium; (4) Copies of the declaration, as
well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations
affecting the condominium; the certificate or...
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11-81-241
Section 11-81-241 Definitions. For the purposes of this article, the following words shall
have the following meanings: (1) COSTS OF A QUALIFIED PROJECT. All costs including, but not
limited to, the following: a. All costs of acquisition, by purchase or otherwise, construction,
assembly, installation, modification, renovation, or rehabilitation incurred in connection
with any qualified project or any part of any qualified project. b. All costs of real property,
fixtures, or personal property used in or in connection with or necessary for any qualified
project or for any facilities related thereto, including, but not limited to, the following:
1. The cost of all land, estates for years, easements, rights, improvements, water rights,
connections for utility services, fees, franchises, permits, approvals, licenses, and certificates.
2. The cost of securing any franchises, permits, approvals, licenses, or certificates. 3.
The cost of preparation of any application therefor and the cost of...
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any provision
of law to the contrary, the commission shall not have any jurisdiction, right, power, authority,
or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the
rates, charges, classifications, provision, or any aspect of broadband service, broadband
enabled services, VoIP services, or information services. (b)(1) The commission may require
incumbent local exchange carriers to unbundle their networks, but the commission shall not
require the carriers to unbundle in a manner that exceeds in degree or differs in kind from
the unbundling requirements of the Federal Communications Commission. (2) Nothing in this
section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections
251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale
tariff. c. Grant, modify, or affect the authority of the commission to...
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11-50A-17
or otherwise, unless and only to the extent the municipality has, prior to entering into the
contract with the authority, incurred a binding obligation to make such payments. (c) The
contract provided for by this section may obligate the municipality to indemnify and save
harmless the authority, the members of its board, its officers or its employees from any and
all damage to persons and property occurring on or by reason of the project and to undertake,
at the expense of the municipality, the defense of any action brought against the authority
by reason of injury or damages to persons or property occurring on or by reason of
the project. (d) In the event of any failure or refusal on the part of a municipality to perform
punctually any covenant or obligation contained in the contract provided for by this section,
the authority may have the municipality's performance enforced by any legal or equitable process,
including specific performance. (Acts 1981, No. 81-681, p. 1114, ยง17.)...
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8-22-4
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in
this section unless otherwise stated and unless the context or subject matter clearly indicates
otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business
trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products
upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and
40-17-170, as amended, is imposed. (3) WHOLESALER. Includes any person qualified as a wholesaler
of motor fuel with the state Revenue Commissioner, and shall also mean and include any person,
other than a buying pool defined herein, wherever resident or located, who brings or causes
to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate
of such person, in commerce within the state, who purchases motor...
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