§ 8.2A-528. Lessor's damages for nonacceptance or repudiation.
(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 lessor elects to retain thegoods or a lessor elects to dispose of the goods and disposition is by leaseagreement that for any reason does not qualify for treatment under subsection(2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover fromthe lessee as damages for a default of the type described in subsection (1)of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for otherdefault of the lessee (i) accrued and unpaid rent as of the date of defaultif the lessee has never taken possession of the goods or, if the lessee hastaken possession of the goods, as of the date the lessor repossessed thegoods or an earlier date on which the lessee makes a tender of the goods tothe 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 leaseagreement minus the present value as of the same date of the market rent atthe place where the goods are located computed for the same lease term, and(iii) any incidental damages allowed under § 8.2A-530, less expenses saved inconsequence of the lessee's default.
(2) If the measure of damages provided in subsection (1) of this section isinadequate to put a lessor in as good a position as performance would have,the measure of damages is the present value of the profit, includingreasonable overhead, the lessor would have made from full performance by thelessee, together with any incidental damages allowed under § 8.2A-530, dueallowance for costs reasonably incurred and due credit for payments orproceeds of disposition.
§ 8.2A-528. Lessor's damages for nonacceptance or repudiation.
(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 lessor elects to retain thegoods or a lessor elects to dispose of the goods and disposition is by leaseagreement that for any reason does not qualify for treatment under subsection(2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover fromthe lessee as damages for a default of the type described in subsection (1)of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for otherdefault of the lessee (i) accrued and unpaid rent as of the date of defaultif the lessee has never taken possession of the goods or, if the lessee hastaken possession of the goods, as of the date the lessor repossessed thegoods or an earlier date on which the lessee makes a tender of the goods tothe 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 leaseagreement minus the present value as of the same date of the market rent atthe place where the goods are located computed for the same lease term, and(iii) any incidental damages allowed under § 8.2A-530, less expenses saved inconsequence of the lessee's default.
(2) If the measure of damages provided in subsection (1) of this section isinadequate to put a lessor in as good a position as performance would have,the measure of damages is the present value of the profit, includingreasonable overhead, the lessor would have made from full performance by thelessee, together with any incidental damages allowed under § 8.2A-530, dueallowance for costs reasonably incurred and due credit for payments orproceeds of disposition.
§ 8.2A-528. Lessor's damages for nonacceptance or repudiation.
(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 lessor elects to retain thegoods or a lessor elects to dispose of the goods and disposition is by leaseagreement that for any reason does not qualify for treatment under subsection(2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover fromthe lessee as damages for a default of the type described in subsection (1)of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for otherdefault of the lessee (i) accrued and unpaid rent as of the date of defaultif the lessee has never taken possession of the goods or, if the lessee hastaken possession of the goods, as of the date the lessor repossessed thegoods or an earlier date on which the lessee makes a tender of the goods tothe 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 leaseagreement minus the present value as of the same date of the market rent atthe place where the goods are located computed for the same lease term, and(iii) any incidental damages allowed under § 8.2A-530, less expenses saved inconsequence of the lessee's default.
(2) If the measure of damages provided in subsection (1) of this section isinadequate to put a lessor in as good a position as performance would have,the measure of damages is the present value of the profit, includingreasonable overhead, the lessor would have made from full performance by thelessee, together with any incidental damages allowed under § 8.2A-530, dueallowance for costs reasonably incurred and due credit for payments orproceeds of disposition.
