§12A-2A-303.

§12A-2A-303.
   
           ALIENABILITY OF PARTY'S INTEREST UNDER LEASE CONTRACT
                                      
                 OR OF LESSOR'S RESIDUAL INTEREST IN GOODS;
                                      
                         DELEGATION OF PERFORMANCE;
                                      
                             TRANSFER OF RIGHTS
                                      
   (1) As used in this section, "creation of a security interest"
   includes the sale of a lease contract that is subject to Article 9 of
   this title, Secured Transactions, by reason of paragraph (b) of
   subsection (1) of Section 9-102 of this title.
   
   (2) Except as provided in subsections (3) and (4) of this section, a
   provision in a lease agreement which (i) prohibits the voluntary or
   involuntary transfer, including a transfer by sale, sublease, creation
   or enforcement of a security interest, or attachment, levy, or other
   judicial process, of an interest of a party under the lease contract
   or of the lessor's residual interest in the goods, or (ii) makes such
   a transfer an event of default, gives rise to the rights and remedies
   provided in subsection (5) of this section, but a transfer that is
   prohibited or is an event of default under the lease agreement is
   otherwise effective.
   
   (3) A provision in a lease agreement which (i) prohibits the creation
   or enforcement of a security interest in an interest of a party under
   the lease contract or in the lessor's residual interest in the goods,
   or (ii) makes such a transfer an event of default, is not enforceable
   unless, and then only to the extent that, there is an actual transfer
   by the lessee of the lessee's right of possession or use of the goods
   in violation of the provision or an actual delegation of a material
   performance of either party to the lease contract in violation of the
   provision. Neither the granting nor the enforcement of a security
   interest in (i) the lessor's interest under the lease contract or (ii)
   the lessor's residual interest in the goods is a transfer that
   materially impairs the prospect of obtaining return performance by,
   materially changes the duty of, or materially increases the burden or
   risk imposed on, the lessee within the purview of subsection (5) of
   this section unless, and then only to the extent that, there is an
   actual delegation of a material performance of the lessor.
   
   (4) A provision in a lease agreement which (i) prohibits a transfer of
   a right to damages for default with respect to the whole lease
   contract or of a right to payment arising out of the transferor's due
   performance of the transferor's entire obligation, or (ii) makes such
   a transfer an event of default, is not enforceable, and such a
   transfer is not a transfer that materially impairs the prospect of
   obtaining return performance by, materially changes the duty of, or
   materially increases the burden of risk imposed on, the other party to
   the lease contract within the purview of subsection (5) of this
   section.
   
   (5) Subject to subsections (3) and (4) of this section:
   
   (a) if a transfer is made which is made an event of default under a
   lease agreement, the party to the lease contract not making the
   transfer, unless that party waives the default or otherwise agrees,
   has the rights and remedies described in subsection (2) of Section
   2A-501 of this title; or
   
   (b) if paragraph (a) of this subsection is not applicable and if a
   transfer is made that (i) is prohibited under a lease agreement or
   (ii) materially impairs the prospect of obtaining return performance
   by, materially changes the duty of, or materially increases the burden
   or risk imposed on, the other party to the lease contract, unless the
   party not making the transfer agrees at any time to the transfer in
   the lease contract or otherwise, then, except as limited by contract,
   (i) the transferor is liable to the party not making the transfer for
   damages caused by the transfer to the extent that the damages could
   not reasonably be prevented by the party not making the transfer and
   (ii) a court having jurisdiction may grant other appropriate relief,
   including cancellation of the lease contract or an injunction against
   the transfer.
   
   (6) A transfer of "the lease" or of "all my rights under the lease",
   or a transfer in similar general terms, is a transfer of rights and,
   unless the language or the circumstances, as in a transfer for
   security, indicate the contrary, the transfer is a delegation of
   duties by the transferor to the transferee. Acceptance by the
   transferee constitutes a promise by the transferee to perform those
   duties. The promise is enforceable by either the transferor or the
   other party to the lease contract.
   
   (7) Unless otherwise agreed by the lessor and the lessee, a delegation
   of performance does not relieve the transferor as against the other
   party of any duty to perform or of any liability for default.
   
   (8) In a consumer lease, to prohibit the transfer of an interest of a
   party under the lease contract or to make a transfer an event of
   default, the language must be specific, by a writing, and conspicuous.