70A-2a-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement as provided in Sectionor otherwise determined pursuant to agreement of the parties as provided in Sectionsand, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement whether or not the lease agreement qualifies for treatment under Subsection, or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Sectionor, if agreed, for any other default of the lessee: 70A-2a-504 70A-1a-302 70A-2a-503 70A-2a-527(2) 70A-2a-523 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 on which the lessee makes a tender of the goods to the lessor; the present value as of the date determined under Subsectionof default of the total rent for the then remaining lease term of the original lease agreement and 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 (1)(a) any incidental damages allowed under Section, less expenses saved in consequence of the lessee's default. 70A-2a-530
(2) If the measure of damages provided in Subsectionis 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, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition. (1) 70A-2a-530