47-2A518. Cover; substitute goods
A. After a default by a lessor under the lease contract of the type described in
section 47-2A508, subsection A, 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.
B. Except as otherwise provided with respect to damages liquidated in the lease
agreement (section 47-2A504) or otherwise determined pursuant to agreement of the parties
(sections 47-1302 and 47-2A503), 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 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 any incidental or
consequential damages, less expenses saved in consequence of the lessor's default.
C. If a lessee's cover is by lease agreement that for any reason does not qualify
for treatment under subsection B 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
47-2A519 governs.
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