reglab/housing_qa huggingface dataset:
AK Stat § 45.12.219 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.219. Risk of loss.

(a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (b) Subject to the provisions of AS 45.12.220 on the effect of default on risk of loss, if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (1) if the lease contract requires or authorizes the goods to be shipped by carrier (A) and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but (B) if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery; (2) if the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods; (3) in a case not covered in (1) or (2) of this subsection, the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
AK Stat § 45.12.220 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.220. Effect of default on risk of loss.

(a) Where risk of loss is to pass to the lessee and the time of passage is not stated (1) if a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance; (2) if the lessee rightfully revokes acceptance, the lessee, to the extent of a deficiency in the lessee's effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning. (b) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of a deficiency in the lessor's or supplier's effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
AK Stat § 45.12.221 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 2. Formation and Construction of Lease Contract.|Sec. 45.12.221. Casualty to identified goods.

If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor, or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee under the lease agreement or AS 45.12.219 then, if the loss is (1) total, the lease contract is avoided; and (2) partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at the lessee's option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
AK Stat § 45.12.301 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.301. Enforceability of lease contract.

Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.
AK Stat § 45.12.302 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.302. Title to and possession of goods.

Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding a statute or rule of law that possession or the absence of possession is fraudulent.
AK Stat § 45.12.304 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.304. Subsequent lease of goods by lessor.

(a) Subject to AS 45.12.303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in (b) of this section and AS 45.12.527(d), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set out in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though (1) the lessor's transferor was deceived as to the identity of the lessor; (2) the delivery was in exchange for a check that is later dishonored; (3) it was agreed that the transaction was to be a “cash sale”; or (4) the delivery was procured through fraud punishable as larcenous under criminal law. (b) A subsequent lessee in ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract. (c) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction does not take greater rights than those provided both by this section and by the certificate of title statute. If the certificate of title statute is silent on the issue of transfer, this section controls.
AK Stat § 45.12.305 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.305. Sale or sublease of goods by lessee.

(a) Subject to the provisions of AS 45.12.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in (b) of this section and AS 45.12.511(d), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set out in the preceding sentence. If goods have been delivered under a transaction of lease, the lessee has that power even though (1) the lessor was deceived as to the identity of the lessee; (2) the delivery was in exchange for a check that is later dishonored; or (3) the delivery was procured through fraud punishable as larcenous under criminal law. (b) A buyer in ordinary course of business or a sublessee in ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract. (c) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction does not take greater rights than those provided both by this section and by the certificate of title statute.
AK Stat § 45.12.306 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.306. Priority of certain liens arising by operation of law.

If a person in the ordinary course of the person's business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this chapter unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
AK Stat § 45.12.307 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

(a) Except as otherwise provided in AS 45.12.306, a creditor of a lessee takes subject to the lease contract. (b) Except as otherwise provided in (c) of this section and in AS 45.12.306 and 45.12.308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable. (c) Except as otherwise provided in AS 45.29.317, 45.29.321, and 45.29.323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor. (d) [Repealed, § 31 ch 113 SLA 2000.]
AK Stat § 45.12.308 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.308. Special rights of creditors.

(a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent. (b) Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract (1) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like; and (2) is made under circumstances that under law apart from this chapter would constitute the transaction a fraudulent transfer or voidable preference. (c) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent but retention of possession of the goods under a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
AK Stat § 45.12.310 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.310. Lessor's and lessee's rights when goods become accessions.

(a) “Accessions” means goods when they are installed in or affixed to other goods. (b) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in (d) of this section. (c) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in (d) of this section but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of those interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole. (d) The interest of a lessor or a lessee under a lease contract described in (b) or (c) of this section is subordinate to the interest of (1) a buyer in ordinary course of business or a lessee in ordinary course of business of an interest in the whole acquired after the goods became accessions; or (2) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (e) When under (b) or (c), and (d) of this section, and subject to (f) of this section, a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may remove the goods from the whole, free and clear of all interests in the whole, but the lessor or lessee must reimburse a holder of an interest in the whole who is not the lessee and who has not otherwise agreed, for the cost of repair of physical injury but not for a diminution in value of the whole caused by the absence of the goods removed or by a necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. (f) The lessor or the lessee may remove the goods under (e) of this section (1) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter; or (2) if necessary to enforce other rights and remedies of the lessor or lessee under this chapter.
AK Stat § 45.12.311 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 3. Effect of Lease Contract.|Sec. 45.12.311. Priority subject to subordination.

Nothing in this chapter prevents subordination by agreement by a person entitled to priority.
AK Stat § 45.12.401 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.401. Insecurity: adequate assurance of performance.

(a) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (b) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable, the insecure party may suspend any performance for which the insecure party has not already received the agreed return. (c) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party. (d) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards. (e) Acceptance of nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
AK Stat § 45.12.402 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.402. Anticipatory repudiation.

(a) If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may (1) for a commercially reasonable time, await retraction of repudiation and performance by the repudiating party; (2) make demand under AS 45.12.401 and await assurance of future performance adequate under the circumstances of the particular case; or (3) resort to any right or remedy upon default under the lease contract or this chapter, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. (b) In addition to pursuing the remedies in (a) of this section and whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed under the provisions of this chapter on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods under AS 45.12.524.
AK Stat § 45.12.403 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.403. Retraction of anticipatory repudiation.

(a) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final. (b) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under AS 45.12.401. (c) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
AK Stat § 45.12.404 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.404. Substituted performance.

(a) If without fault of the lessee, the lessor, and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted. (b) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation (1) the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and (2) if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.
AK Stat § 45.12.405 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.405. Excused performance.

Subject to AS 45.12.404 on substituted performance, the following rules apply: (1) delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with (2) and (3) of this section is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with an applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid; (2) if the causes mentioned in (1) of this section affect only part of the lessor's or the supplier's capacity to perform, the lessor or supplier shall allocate production and deliveries among the customers of the lessor or supplier but at the option of the lessor or supplier may include regular customers not then under contract for sale or lease as well as the requirements of the lessor or supplier for further manufacture; the lessor or supplier may allocate under this paragraph in a manner that is fair and reasonable; (3) the lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under (2) of this section, of the estimated quota made available for the lessee.
AK Stat § 45.12.406 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.406. Procedure on excused performance.

(a) If the lessee receives notification of a material or indefinite delay or an allocation justified under AS 45.12.405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired under AS 45.12.510, (1) terminate the lease contract (AS 45.12.505(b)); or (2) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor. (b) If, after receipt of a notification from the lessor under AS 45.12.405, the lessee fails to modify the lease agreement as provided in (a)(2) of this section within a reasonable time not exceeding 30 days, the lease contract lapses with respect to deliveries affected.
AK Stat § 45.12.407 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 4. Performance of Lease Contract.|Sec. 45.12.407. Irrevocable promises: finance leases.

(a) In the case of a finance lease that is not a consumer lease, the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods. (b) A promise that has become irrevocable and independent under (a) of this section (1) is effective and enforceable between the parties, and by or against the third parties including assignees of the parties; and (2) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs. (c) This section does not affect the validity, under another law, of a covenant in a lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
AK Stat § 45.12.501 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 5. Default.|Sec. 45.12.501. Default: procedure.

(a) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter. (b) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the lease agreement. (c) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, under this chapter. (d) Except as otherwise provided in AS 45.01.305(a) or this chapter or the lease agreement, the rights and remedies referred to in (b) and (c) of this section are cumulative. (e) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under AS 45.12.501 - 45.12.532 as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case AS 45.12.501 - 45.12.532 do not apply.
AK Stat § 45.12.502 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 12. Leases|Article 5. Default.|Sec. 45.12.502. Notice after default.

Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.