§490:2A-519  Lessee's damages for
nondelivery, repudiation, default, and breach of warranty in regard to accepted
goods.  (a)  Except as otherwise provided with respect to damages
liquidated in the lease agreement (section 490:2A-504) or otherwise determined
pursuant to agreement of the parties (sections 490:1-302 and 490:2A-503), 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
section 490:2A-518(b), 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.



(b)  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.



(c)  Except as otherwise agreed, if the lessee
has accepted goods and given notification (section 490:2A-516(c)), 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.



(d)  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. [L 1991, c 40, pt of §1; am L 2004, c
162, §8]