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§12A-2A-504.
§12A-2A-504.
LIQUIDATION OF DAMAGES
(1) Damages payable by either party for default, or any other act or
omission, including indemnity for loss or diminution of anticipated
tax benefits or loss or damage to lessor's residual interest, may be
liquidated in the lease agreement but only at an amount or by a
formula that is reasonable in light of the then anticipated harm
caused by the default or other act or omission.
(2) If the lease agreement provides for liquidation of damages, and
such provision does not comply with subsection (1) of this section, or
such provision is an exclusive or limited remedy that circumstances
cause to fail of its essential purpose, remedy may be had as provided
in this article.
(3) If the lessor justifiably withholds or stops delivery of goods
because of the lessee's default or insolvency (Section 72 or 73 of
this act), the lessee is entitled to restitution of any amount by
which the sum of his payments exceeds:
(a) the amount to which the lessor is entitled by virtue of terms
liquidating the lessor's damages in accordance with subsection (1) of
this section; or
(b) in the absence of those terms, twenty percent (20%) of the then
present value of the total rent the lessee was obligated to pay for
the balance of the lease term, or, in the case of a consumer lease,
the lesser of such amount or Five Hundred Dollars ($500.00).
(4) A lessee's right to restitution under subsection (3) of this
section is subject to offset to the extent the lessor establishes:
(a) a right to recover damages under the provisions of this article
other than subsection (1) of this section; and
(b) the amount of value of any benefits received by the lessee
directly or indirectly by reason of the lease contract.
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