S.B. 147                                                        VETOES

(B) WITHOUT DISCOVERY OF THE NONCONFORMITY IF THE LESSEE'S
ACCEPTANCE WAS REASONABLY INDUCED EITHER BY THE LESSOR'S ASSURANCES
OR, EXCEPT IN THE CASE OF A FINANCE LEASE, BY THE DIFFICULTY OF DISCOVERY
BEFORE ACCEPTANCE.

(2)      EXCEPT IN THE CASE OF A FINANCE LEASE THAT IS NOT A CONSUMER
LEASE, A LESSEE MAY REVOKE ACCEPTANCE OF A LOT OR COMMERCIAL UNIT IF
THE LESSOR COMMITS A DEFAULT UNDER THE LEASE CONTRACT AND THE
DEFAULT SUBSTANTIALLY IMPAIRS THE VALUE OF THAT LOT OR COMMERCIAL
UNIT TO THE LESSEE.

(3)      IF THE LEASE AGREEMENT SO PROVIDES, THE LESSEE MAY REVOKE
ACCEPTANCE OF A LOT OR COMMERCIAL UNIT FOR OTHER DEFAULTS BY THE
LESSOR.

(4)      REVOCATION OF ACCEPTANCE MUST OCCUR WITHIN A REASONABLE
TIME AFTER THE LESSEE DISCOVERS OR SHOULD HAVE DISCOVERED THE GROUND
FOR IT AND BEFORE ANY SUBSTANTIAL CHANGE IN CONDITION OF THE GOODS
WHICH IS NOT CAUSED BY THE NONCONFORMITY. REVOCATION IS NOT EFFECTIVE
UNTIL THE LESSEE NOTIFIES THE LESSOR.

(5)      A LESSEE WHO SO REVOKES HAS THE SAME RIGHTS AND DUTIES WITH
REGARD TO THE GOODS INVOLVED AS IF THE LESSEE HAD REJECTED THEM.

2A.-518. COVER; SUBSTITUTE GOODS

(1)      AFTER A DEFAULT BY A LESSOR UNDER THE LEASE CONTRACT OF THE
TYPE DESCRIBED IN § 2A-508(1), OR, IF AGREED, AFTER OTHER DEFAULT BY THE
LESSOR, THE LESSEE MAY COVER BY MAKING ANY PURCHASE OR LEASE OF OR
CONTRACT TO PURCHASE OR LEASE GOODS IN SUBSTITUTION FOR THOSE DUE
FROM THE LESSOR.

(2)      EXCEPT AS OTHERWISE PROVIDED WITH RESPECT TO DAMAGES
LIQUIDATED IN THE LEASE AGREEMENT (§ 2A-504) OR OTHERWISE DETERMINED
PURSUANT TO AGREEMENT OF THE PARTIES (§ 1-102(3) AND § 2A-503), IF A LESSEE'S
COVER IS BY A LEASE AGREEMENT SUBSTANTIALLY SIMILAR TO THE ORIGINAL
LEASE AGREEMENT AND THE NEW LEASE AGREEMENT IS MADE IN GOOD FAITH
AND IN A COMMERCIALLY REASONABLE MANNER, THE LESSEE MAY RECOVER
FROM THE LESSOR AS DAMAGES (I) THE PRESENT VALUE, AS OF THE DATE OF THE
COMMENCEMENT OF THE TERM OF THE NEW LEASE AGREEMENT, OF THE RENT
UNDER THE NEW LEASE AGREEMENT AND APPLICABLE TO THAT PERIOD OF THE
NEW LEASE TERM WHICH IS COMPARABLE TO THE ORIGINAL LEASE AGREEMENT
MINUS THE PRESENT VALUE AS OF THE SAME DATE OF THE TOTAL RENT FOR THE
THEN REMAINING LEASE TERM OF THE ORIGINAL LEASE AGREEMENT, AND (II) ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LESS EXPENSES SAVED IN
CONSEQUENCE OF THE LESSOR'S DEFAULT.

(3)      IF A LESSEE'S COVER IS BY LEASE AGREEMENT THAT FOR ANY REASON
DOES NOT QUALIFY FOR TREATMENT UNDER SUBSECTION (2), OR IS BY PURCHASE
OR OTHERWISE, THE LESSEE MAY RECOVER FROM THE LESSOR AS IF THE LESSEE
HAD ELECTED NOT TO COVER AND § 2A-519 GOVERNS.

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