(1) After default by the lessee under the lease contract of the typedescribed in subsection (1) of § 8.2A-523 or subdivision (3) (a) of §8.2A-523 or, if agreed, after other default by the lessee, if the lessorcomplies with subsection (2) of this section, the lessor may recover from thelessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered tothe lessor, and for conforming goods lost or damaged within a commerciallyreasonable time after risk of loss passes to the lessee (§ 8.2A-219), (i)accrued and unpaid rent as of the date of entry of judgment in favor of thelessor, (ii) the present value as of the same date of the rent for the thenremaining lease term of the lease agreement, and (iii) any incidental damagesallowed under § 8.2A-530, less expenses saved in consequence of the lessee'sdefault; and
(b) For goods identified to the lease contract if the lessor is unable afterreasonable effort to dispose of them at a reasonable price or thecircumstances reasonably indicate that effort will be unavailing, (i) accruedand unpaid rent as of the date of entry of judgment in favor of the lessor,(ii) the present value as of the same date of the rent for the then remaininglease term of the lease agreement, and (iii) any incidental damages allowedunder § 8.2A-530, less expenses saved in consequence of the lessee's default.
(2) Except as provided in subsection (3) of this section, the lessor shallhold for the lessee for the remaining lease term of the lease agreement anygoods that have been identified to the lease contract and are in the lessor'scontrol.
(3) The lessor may dispose of the goods at any time before collection of thejudgment for damages obtained pursuant to subsection (1) of this section. Ifthe disposition is before the end of the remaining lease term of the leaseagreement, the lessor's recovery against the lessee for damages will begoverned by § 8.2A-527 or § 8.2A-528, and the lessor will cause anappropriate credit to be provided against a judgment for damages to theextent that the amount of the judgment exceeds the recovery availablepursuant to § 8.2A-527 or § 8.2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1)of this section entitles the lessee to use and possession of the goods notthen disposed of for the remaining lease term of the lease agreement.
(5) After a lessee has wrongfully rejected or revoked acceptance of goods,has failed to pay rent then due, or has repudiated (§ 8.2A-402), a lessor whois held not entitled to rent under this section shall nevertheless be awardeddamages for nonacceptance under §§ 8.2A-527 and 8.2A-528.
(1) After default by the lessee under the lease contract of the typedescribed in subsection (1) of § 8.2A-523 or subdivision (3) (a) of §8.2A-523 or, if agreed, after other default by the lessee, if the lessorcomplies with subsection (2) of this section, the lessor may recover from thelessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered tothe lessor, and for conforming goods lost or damaged within a commerciallyreasonable time after risk of loss passes to the lessee (§ 8.2A-219), (i)accrued and unpaid rent as of the date of entry of judgment in favor of thelessor, (ii) the present value as of the same date of the rent for the thenremaining lease term of the lease agreement, and (iii) any incidental damagesallowed under § 8.2A-530, less expenses saved in consequence of the lessee'sdefault; and
(b) For goods identified to the lease contract if the lessor is unable afterreasonable effort to dispose of them at a reasonable price or thecircumstances reasonably indicate that effort will be unavailing, (i) accruedand unpaid rent as of the date of entry of judgment in favor of the lessor,(ii) the present value as of the same date of the rent for the then remaininglease term of the lease agreement, and (iii) any incidental damages allowedunder § 8.2A-530, less expenses saved in consequence of the lessee's default.
(2) Except as provided in subsection (3) of this section, the lessor shallhold for the lessee for the remaining lease term of the lease agreement anygoods that have been identified to the lease contract and are in the lessor'scontrol.
(3) The lessor may dispose of the goods at any time before collection of thejudgment for damages obtained pursuant to subsection (1) of this section. Ifthe disposition is before the end of the remaining lease term of the leaseagreement, the lessor's recovery against the lessee for damages will begoverned by § 8.2A-527 or § 8.2A-528, and the lessor will cause anappropriate credit to be provided against a judgment for damages to theextent that the amount of the judgment exceeds the recovery availablepursuant to § 8.2A-527 or § 8.2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1)of this section entitles the lessee to use and possession of the goods notthen disposed of for the remaining lease term of the lease agreement.
(5) After a lessee has wrongfully rejected or revoked acceptance of goods,has failed to pay rent then due, or has repudiated (§ 8.2A-402), a lessor whois held not entitled to rent under this section shall nevertheless be awardeddamages for nonacceptance under §§ 8.2A-527 and 8.2A-528.
(1) After default by the lessee under the lease contract of the typedescribed in subsection (1) of § 8.2A-523 or subdivision (3) (a) of §8.2A-523 or, if agreed, after other default by the lessee, if the lessorcomplies with subsection (2) of this section, the lessor may recover from thelessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered tothe lessor, and for conforming goods lost or damaged within a commerciallyreasonable time after risk of loss passes to the lessee (§ 8.2A-219), (i)accrued and unpaid rent as of the date of entry of judgment in favor of thelessor, (ii) the present value as of the same date of the rent for the thenremaining lease term of the lease agreement, and (iii) any incidental damagesallowed under § 8.2A-530, less expenses saved in consequence of the lessee'sdefault; and
(b) For goods identified to the lease contract if the lessor is unable afterreasonable effort to dispose of them at a reasonable price or thecircumstances reasonably indicate that effort will be unavailing, (i) accruedand unpaid rent as of the date of entry of judgment in favor of the lessor,(ii) the present value as of the same date of the rent for the then remaininglease term of the lease agreement, and (iii) any incidental damages allowedunder § 8.2A-530, less expenses saved in consequence of the lessee's default.
(2) Except as provided in subsection (3) of this section, the lessor shallhold for the lessee for the remaining lease term of the lease agreement anygoods that have been identified to the lease contract and are in the lessor'scontrol.
(3) The lessor may dispose of the goods at any time before collection of thejudgment for damages obtained pursuant to subsection (1) of this section. Ifthe disposition is before the end of the remaining lease term of the leaseagreement, the lessor's recovery against the lessee for damages will begoverned by § 8.2A-527 or § 8.2A-528, and the lessor will cause anappropriate credit to be provided against a judgment for damages to theextent that the amount of the judgment exceeds the recovery availablepursuant to § 8.2A-527 or § 8.2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1)of this section entitles the lessee to use and possession of the goods notthen disposed of for the remaining lease term of the lease agreement.
(5) After a lessee has wrongfully rejected or revoked acceptance of goods,has failed to pay rent then due, or has repudiated (§ 8.2A-402), a lessor whois held not entitled to rent under this section shall nevertheless be awardeddamages for nonacceptance under §§ 8.2A-527 and 8.2A-528.
