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§12A-2A-519.
§12A-2A-519.
LESSEE'S DAMAGES FOR NONDELIVERY,
REPUDIATION, DEFAULT AND BREACH OF
WARRANTY IN REGARD TO ACCEPTED GOODS
(1) 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 elects
not to cover or a lessee elects to cover and the cover is by lease
agreement that for any reason does not qualify for treatment under
subsection (2) of Section 2A-518 of this title, or is by purchase or
otherwise, the measure of damages for nondelivery or repudiation by
the lessor or for rejection or revocation of acceptance by the lessee
is the present value, as of the date of the default, of the then
market rent minus the present value as of the same date of the
original rent, computed for the remaining lease term of the original
lease agreement, together with incidental and consequential damages,
less expenses saved in consequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in
cases of rejection after arrival or revocation of acceptance, as of
the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and
given notification (subsection (3) of Section 2A-516 of this title),
the measure of damages for nonconforming tender or delivery or other
default by a lessor is the loss resulting in the ordinary course of
events from the lessor's default as determined in any manner that is
reasonable together with incidental and consequential damages, less
expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of
warranty is the present value at the time and place of acceptance of
the difference between the value of the use of the goods accepted and
the value if they had been as warranted for the lease term, unless
special circumstances show proximate damages of a different amount,
together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default or breach of warranty.
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