§490:2A-528  Lessor's damages for
nonacceptance, failure to pay, repudiation, or other default.  (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 lessor elects to retain the
goods or a lessor elects to dispose of the goods and the disposition is by
lease agreement that for any reason does not qualify for treatment under
section 490:2A-527(b), or is by sale or otherwise, the lessor may recover from
the lessee as damages for a default of the type described in section
490:2A-523(a) or 490:2A-523(c)(1), or, if agreed, for other default of the
lessee, (i) accrued and unpaid rent as of the date of default if the lessee has
never taken possession of the goods, or, if the lessee has taken possession of
the goods, as of the date the lessor repossesses the goods or an earlier date
on which the lessee makes a tender of the goods to the lessor, (ii) the present
value as of the date determined under clause (i) 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 market rent at the place where the goods are located
computed for the same lease term, and (iii) any incidental damages allowed
under section 490:2A-530, less expenses saved in consequence of the lessee's
default.



(b)  If the measure of damages provided in
subsection (a) is inadequate to put a lessor in as good a position as
performance would have, the measure of damages is the present value of the
profit, including reasonable overhead, the lessor would have made from full
performance by the lessee, together with any incidental damages allowed under
section 490:2A-530, due allowance for costs reasonably incurred and due credit
for payments or proceeds of disposition. [L 1991, c 40, pt of §1; am L 2004, c
162, §10]