§ 8.2A-519. Lessee's damages for nondelivery, repudiation, default, andbreach of warranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in thelease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement ofthe parties (§§ 8.1A-302 and 8.2A-503), if a lessee elects not to cover or alessee elects to cover and the cover is by lease agreement that for anyreason does not qualify for treatment under subsection (2) of § 8.2A-518, oris by purchase or otherwise, the measure of damages for nondelivery orrepudiation by the lessor or for rejection or revocation of acceptance by thelessee is the present value as of the date of the default, of the then marketrent 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 inconsequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in casesof rejection after arrival or revocation of acceptance, as of the place ofarrival.
(3) Except as otherwise agreed, the lessee has accepted goods and givennotification (subsection (3) of § 8.2A-516), the measure of damages fornonconforming tender or delivery or other default by a lessor is the lossresulting in the ordinary course of events from the lessor's default asdetermined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault.
(4) Except as otherwise agreed, the measure of damages for breach of warrantyis the present value at the time and place of acceptance of the differencebetween the value of the use of the goods accepted and the value if they hadbeen as warranted for the lease term, unless special circumstances showproximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault or breach of warranty.
§ 8.2A-519. Lessee's damages for nondelivery, repudiation, default, andbreach of warranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in thelease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement ofthe parties (§§ 8.1A-302 and 8.2A-503), if a lessee elects not to cover or alessee elects to cover and the cover is by lease agreement that for anyreason does not qualify for treatment under subsection (2) of § 8.2A-518, oris by purchase or otherwise, the measure of damages for nondelivery orrepudiation by the lessor or for rejection or revocation of acceptance by thelessee is the present value as of the date of the default, of the then marketrent 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 inconsequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in casesof rejection after arrival or revocation of acceptance, as of the place ofarrival.
(3) Except as otherwise agreed, the lessee has accepted goods and givennotification (subsection (3) of § 8.2A-516), the measure of damages fornonconforming tender or delivery or other default by a lessor is the lossresulting in the ordinary course of events from the lessor's default asdetermined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault.
(4) Except as otherwise agreed, the measure of damages for breach of warrantyis the present value at the time and place of acceptance of the differencebetween the value of the use of the goods accepted and the value if they hadbeen as warranted for the lease term, unless special circumstances showproximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault or breach of warranty.
§ 8.2A-519. Lessee's damages for nondelivery, repudiation, default, andbreach of warranty in regard to accepted goods.
(1) Except as otherwise provided with respect to damages liquidated in thelease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement ofthe parties (§§ 8.1A-302 and 8.2A-503), if a lessee elects not to cover or alessee elects to cover and the cover is by lease agreement that for anyreason does not qualify for treatment under subsection (2) of § 8.2A-518, oris by purchase or otherwise, the measure of damages for nondelivery orrepudiation by the lessor or for rejection or revocation of acceptance by thelessee is the present value as of the date of the default, of the then marketrent 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 inconsequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in casesof rejection after arrival or revocation of acceptance, as of the place ofarrival.
(3) Except as otherwise agreed, the lessee has accepted goods and givennotification (subsection (3) of § 8.2A-516), the measure of damages fornonconforming tender or delivery or other default by a lessor is the lossresulting in the ordinary course of events from the lessor's default asdetermined in any manner that is reasonable together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault.
(4) Except as otherwise agreed, the measure of damages for breach of warrantyis the present value at the time and place of acceptance of the differencebetween the value of the use of the goods accepted and the value if they hadbeen as warranted for the lease term, unless special circumstances showproximate damages of a different amount, together with incidental andconsequential damages, less expenses saved in consequence of the lessor'sdefault or breach of warranty.
