S.B. 147                                                        VETOES

DEFAULT OCCURS, WHICHEVER IS LATER. A CAUSE OF ACTION FOR INDEMNITY
ACCRUES WHEN THE ACT OR OMISSION ON WHICH THE CLAIM FOR INDEMNITY IS
BASED IS OR SHOULD HAVE BEEN DISCOVERED BY THE INDEMNIFIED PARTY,
WHICHEVER IS LATER.

(3)      IF AN ACTION COMMENCED WITHIN THE TIME LIMITED BY SUBSECTION
(1) IS SO TERMINATED AS TO LEAVE AVAILABLE A REMEDY BY ANOTHER ACTION
FOR THE SAME DEFAULT OR BREACH OF WARRANTY OR INDEMNITY, THE OTHER
ACTION MAY BE COMMENCED AFTER THE EXPIRATION OF THE TIME LIMITED AND
WITHIN 6 MONTHS AFTER THE TERMINATION OF THE FIRST ACTION UNLESS THE
TERMINATION RESULTED FROM VOLUNTARY DISCONTINUANCE OR FROM
DISMISSAL FOR FAILURE OR NEGLECT TO PROSECUTE.

(4)      THIS SECTION DOES NOT ALTER THE LAW ON TOLLING OF THE STATUTE
OF LIMITATIONS NOR DOES IT APPLY TO CAUSES OF ACTION THAT HAVE ACCRUED
BEFORE THIS ARTICLE BECOMES EFFECTIVE.

2A-507. PROOF OF MARKET RENT: TIME AND PLACE

(1)      DAMAGES BASED ON MARKET RENT (§ 2A-519 OR § 2A-528) ARE
DETERMINED ACCORDING TO THE RENT FOR THE USE OF THE GOODS CONCERNED
FOR A LEASE TERM IDENTICAL TO THE REMAINING LEASE TERM OF THE ORIGINAL
LEASE AGREEMENT AND PREVAILING AT THE TIMES SPECIFIED IN §§ 2A-519 AND
2A-528.

(2)      IF EVIDENCE OF RENT FOR THE USE OF THE GOODS CONCERNED FOR A
LEASE TERM IDENTICAL TO THE REMAINING LEASE TERM OF THE ORIGINAL LEASE
AGREEMENT AND PREVAILING AT THE TIMES OR PLACES DESCRIBED IN THIS
ARTICLE IS NOT READILY AVAILABLE, THE RENT PREVAILING WITHIN ANY
REASONABLE TIME BEFORE OR AFTER THE TIME DESCRIBED OR AT ANY OTHER
PLACE OR FOR A DIFFERENT LEASE TERM WHICH IN COMMERCIAL JUDGMENT OR
UNDER USAGE OF TRADE WOULD SERVE AS A REASONABLE SUBSTITUTE FOR THE
ONE DESCRIBED MAY BE USED, MAKING ANY PROPER ALLOWANCE FOR THE
DIFFERENCE, INCLUDING THE COST OF TRANSPORTING THE GOODS TO OR FROM
THE OTHER PLACE.

(3)      EVIDENCE OF A RELEVANT RENT PREVAILING AT A TIME OR PLACE OR
FOR A LEASE TERM OTHER THAN THE ONE DESCRIBED IN THIS TITLE OFFERED BY
ONE PARTY IS NOT ADMISSIBLE UNLESS AND UNTIL HE (OR SHE) HAS GIVEN THE
OTHER PARTY NOTICE THE COURT FINDS SUFFICIENT TO PREVENT UNFAIR
SURPRISE.

(4)      IF THE PREVAILING RENT OR VALUE OF ANY GOODS REGULARLY
LEASED IN ANY ESTABLISHED MARKET IS IN ISSUE, REPORTS IN OFFICIAL
PUBLICATIONS OR TRADE JOURNALS OR IN NEWSPAPERS OR PERIODICALS OF
GENERAL CIRCULATION PUBLISHED AS THE REPORTS OF THAT MARKET ARE
ADMISSIBLE IN EVIDENCE. THE CIRCUMSTANCES OF THE PREPARATION OF THE
REPORT MAY BE SHOWN TO AFFECT ITS WEIGHT BUT NOT ITS ADMISSIBILITY.

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