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§12A-2A-527.
§12A-2A-527.
LESSOR'S RIGHTS TO DISPOSE OF GOODS
(1) After a default by a lessee under the lease contract of the type
described in subsection (1) of Section 2A-523 of this title or
paragraph (a) of subsection (3) of Section 2A-523 of this title or
after the lessor refuses to deliver or takes possession of goods
(Section 2A-525 or 2A-526 of this title), or, if agreed, after other
default by a lessee, the lessor may dispose of the goods concerned or
the undelivered balance thereof by lease, sale, or otherwise.
(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 the disposition is
by 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 lessor may recover from the lessee
as damages:
(i) accrued and unpaid rent as of the date of the commencement of the
term of the new lease agreement,
(ii) the present value, as of the same date, of the total rent for the
then remaining lease term of the original lease agreement minus the
present value, as of the same date, 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,
and
(iii) any incidental damages allowed under Section 2A-530 of this
title, less expenses saved in consequence of the lessee's default.
(3) If the lessor's disposition is by lease agreement that for any
reason does not qualify for treatment under subsection (2) of this
section, or is by sale or otherwise, the lessor may recover from the
lessee as if the lessor had elected not to dispose of the goods and
Section 2A-528 of this title governs.
(4) A subsequent buyer or lessee who buys or leases from the lessor in
good faith for value as a result of a disposition under this section
takes the goods free of the original lease contract and any rights of
the original lessee even though the lessor fails to comply with one or
more of the requirements of this article.
(5) The lessor is not accountable to the lessee for any profit made on
any disposition. A lessee who has rightfully rejected or justifiably
revoked acceptance shall account to the lessor for any excess over the
amount of the lessee's security interest (subsection (5) of Section
2A-508 of this title).
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