Ch. 535

1994 LAWS OF MARYLAND

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 IN CONSEQUENCE OF THE
LESSOR'S DEFAULT.

(2)      MARKET RENT IS TO BE DETERMINED AS OF THE PLACE FOR TENDER OR,
IN CASES OF REJECTION AFTER ARRIVAL OR REVOCATION OF ACCEPTANCE, AS OF
THE PLACE OF ARRIVAL.

(3)      EXCEPT AS OTHERWISE AGREED, IF THE LESSEE HAS ACCEPTED GOODS
AND GIVEN NOTIFICATION (§ 2A-516(3)), THE MEASURE OF DAMAGES FOR
NONCONFORMING TENDER OR DELIVERY OR OTHER DEFAULT BY A LESSOR IS THE
LOSS RESULTING IN THE ORDINARY COURSE OF EVENTS FROM THE LESSOR'S
DEFAULT AS DETERMINED IN ANY MANNER THAT IS REASONABLE TOGETHER WITH
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LESS EXPENSES SAVED IN
CONSEQUENCE OF THE LESSOR'S DEFAULT.

(4)      EXCEPT AS OTHERWISE AGREED, THE MEASURE OF DAMAGES FOR
BREACH OF WARRANTY IS THE PRESENT VALUE AT THE TIME AND PLACE OF
ACCEPTANCE OF THE DIFFERENCE BETWEEN THE VALUE OF THE USE OF THE
GOODS ACCEPTED AND THE VALUE IF THEY HAD BEEN AS WARRANTED FOR THE
LEASE TERM, UNLESS SPECIAL CIRCUMSTANCES SHOW PROXIMATE DAMAGES OF A
DIFFERENT AMOUNT, TOGETHER WITH INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LESS EXPENSES SAVED IN CONSEQUENCE OF THE LESSORS DEFAULT OR ,
BREACH OF WARRANTY.

2A-520. LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

(1)      INCIDENTAL DAMAGES RESULTING FROM A LESSOR'S DEFAULT INCLUDE
EXPENSES REASONABLY INCURRED IN INSPECTION, RECEIPT, TRANSPORTATION,

AND CARE AND CUSTODY OF GOODS RIGHTFULLY REJECTED OR GOODS THE
ACCEPTANCE OF WHICH. IS JUSTIFIABLY REVOKED, ANY COMMERCIALLY
REASONABLE CHARGES, EXPENSES, OR COMMISSIONS IN CONNECTION WITH
EFFECTING COVER, AND ANY OTHER REASONABLE EXPENSE INCIDENT TO THE
DEFAULT.

(2)      CONSEQUENTIAL DAMAGES RESULTING FROM A LESSOR'S DEFAULT
INCLUDE:

(A)     ANY LOSS RESULTING FROM GENERAL OR PARTICULAR
REQUIREMENTS AND NEEDS OF WHICH THE LESSOR AT THE TIME OF CONTRACTING
HAD REASON TO KNOW AND WHICH COULD NOT REASONABLY BE PREVENTED BY
COVER OR OTHERWISE; AND

(B)      INJURY TO PERSON OR PROPERTY PROXIMATELY RESULTING FROM
ANY BREACH OF WARRANTY.

2A-521. LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN

(1) SPECIFIC PERFORMANCE MAY BE DECREED IF THE GOODS ARE UNIQUE
OR IN OTHER PROPER CIRCUMSTANCES.

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