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§12A-2A-503.
§12A-2A-503.
MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES
(1) Except as otherwise provided in this article, the lease agreement
may include rights and remedies for default in addition to or in
substitution for those provided in this article and may limit or alter
the measure of damages recoverable under this article.
(2) Resort to a remedy provided under this article or in the lease
agreement is optional unless the remedy is expressly agreed to be
exclusive. If circumstances cause an exclusive or limited remedy to
fail of its essential purpose, or provision for an exclusive remedy is
unconscionable, remedy may be had as provided in this article.
(3) Consequential damages may be liquidated under Section 2A-504 of
this title, or may otherwise be limited, altered, or excluded unless
the limitation, alteration, or exclusion is unconscionable.
Limitation, alteration, or exclusion of consequential damages for
injury to the person in the case of consumer goods is prima facie
unconscionable but limitation, alteration, or exclusion of damages
where the loss is commercial is not prima facie unconscionable.
(4) Rights and remedies on default by the lessor or the lessee with
respect to any obligation or promise collateral or ancillary to the
lease contract are not impaired by this article.
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