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§12A-2A-518.
§12A-2A-518.
COVER; SUBSTITUTE GOODS
(1) After a default by a lessor under the lease contract of the type
described in subsection (1) of Section 2A-508 of this title, or, if
agreed, after other default by the lessor, the lessee may cover by
making any purchase or lease of or contract to purchase or lease goods
in substitution for those due from the lessor.
(2) Except as otherwise provided with respect to damages liquidated in
the lease agreement (Section 2A-504 of this title) or otherwise
determined pursuant to agreement of the parties (subsection (3) of
Section 1-102 and Section 2A-503 of this title), if a lessee's cover
is by a lease agreement substantially similar to the original lease
agreement and the new lease agreement is made in good faith and in a
commercially reasonable manner, the lessee may recover from the lessor
as damages:
(i) the present value, as of the date of the commencement of the term
of the new lease agreement, of the rent under the new lease agreement
applicable to that period of the new lease term which is comparable to
the then remaining term of the original lease agreement minus the
present value as of the same date of the total rent for the then
remaining lease term of the original lease agreement, and
(ii) any incidental or consequential damages less expenses saved in
consequence of the lessor's default.
(3) If a lessee's cover is by lease agreement that for any reason does
not qualify for treatment under subsection (2) of this section, or is
by purchase or otherwise, the lessee may recover from the lessor as if
the lessee had elected not to cover and Section 2A-519 of this title
governs.
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