§490:2A-505 - Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies.
§490:2A-505 Cancellation and termination
and effect of cancellation, termination, rescission, or fraud on rights and
remedies. (a) On cancellation of the lease contract, all obligations that
are still executory on both sides are discharged, but any right based on prior
default or performance survives, and the canceling party also retains any
remedy for default of the whole lease contract or any unperformed balance.
(b) On termination of the lease contract, all
obligations that are still executory on both sides are discharged but any right
based on prior default or performance survives.
(c) Unless the contrary intention clearly
appears, expressions of "cancellation", "rescission", or
the like of the lease contract may not be construed as a renunciation or
discharge of any claim in damages for an antecedent default.
(d) Rights and remedies for material
misrepresentation or fraud include all rights and remedies available under this
article for default.
(e) Neither rescission nor a claim for
rescission of the lease contract nor rejection or return of the goods may bar
or be deemed inconsistent with a claim for damages or other right or remedy. [L
1991, c 40, pt of §1]