WILLIAM DONALD SCHAEFER, Governor                           S.B. 147

(3)      THE LESSOR MAY DISPOSE OF THE GOODS AT ANY TIME BEFORE
COLLECTION OF THE JUDGMENT FOR DAMAGES OBTAINED PURSUANT TO
SUBSECTION (1). IF THE DISPOSITION IS BEFORE THE END OF THE REMAINING LEASE
TERM OF THE LEASE AGREEMENT, THE LESSOR'S RECOVERY AGAINST THE LESSEE
FOR DAMAGES IS GOVERNED BY §§ 2A-527 AND 2A-528, AND THE LESSOR WILL CAUSE
AN APPROPRIATE CREDIT TO BE PROVIDED AGAINST A JUDGMENT FOR DAMAGES
TO THE EXTENT THAT THE AMOUNT OF THE JUDGMENT EXCEEDS THE RECOVERY
AVAILABLE PURSUANT TO § 2A-527 OR § 2A-528.

(4)      PAYMENT OF THE JUDGMENT FOR DAMAGES OBTAINED PURSUANT TO
SUBSECTION (1) ENTITLES THE LESSEE TO THE USE AND POSSESSION OF THE GOODS
NOT THEN DISPOSED OF FOR THE REMAINING LEASE TERM AND IN ACCORDANCE
WITH 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 (§ 2A-402), A LESSOR WHO IS HELD NOT ENTITLED TO RENT UNDER
THIS SECTION MUST NEVERTHELESS BE AWARDED DAMAGES FOR
NONACCEPTANCE UNDER § 2A-527 OR § 2A-528.

2A-530. LESSOR'S INCIDENTAL DAMAGES

INCIDENTAL DAMAGES TO AN AGGRIEVED LESSOR INCLUDE ANY
COMMERCIALLY REASONABLE CHARGES, EXPENSES, OR COMMISSIONS INCURRED
IN STOPPING DELIVERY, IN THE TRANSPORTATION, CARE AND CUSTODY OF GOODS
AFTER THE LESSEE'S DEFAULT, IN CONNECTION WITH RETURN OR DISPOSITION OF
THE GOODS, OR OTHERWISE RESULTING FROM THE DEFAULT.

2A-531. STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS

(1)      IF A THIRD PARTY SO DEALS WITH GOODS THAT HAVE BEEN IDENTIFIED
TO A LEASE CONTRACT AS TO CAUSE ACTIONABLE INJURY TO A PARTY TO THE
LEASE CONTRACT (A) THE LESSOR HAS A RIGHT OF ACTION AGAINST THE THIRD
PARTY, AND (B) THE LESSEE ALSO HAS A RIGHT OF ACTION AGAINST THE THIRD
PARTY IF THE LESSEE:

(A)     HAS A SECURITY INTEREST IN THE GOODS;

(B)     HAS AN INSURABLE INTEREST IN THE GOODS; OR

(C)     BEARS THE RISK OF LOSS UNDER THE LEASE CONTRACT OR HAS
SINCE THE INJURY ASSUMED THAT RISK AS AGAINST THE LESSOR AND THE GOODS
HAVE BEEN CONVERTED OR DESTROYED.

(2)      IF AT THE TIME OF THE INJURY THE PARTY PLAINTIFF DID NOT BEAR
THE RISK OF LOSS AS AGAINST THE OTHER PARTY TO THE LEASE CONTRACT AND
THERE IS NO ARRANGEMENT BETWEEN THEM FOR DISPOSITION OF THE RECOVERY,
HIS (OR HER) SUIT OR SETTLEMENT, SUBJECT TO HIS (OR HER) OWN INTEREST, IS AS
A FIDUCIARY FOR THE OTHER PARTY TO THE LEASE CONTRACT.

(3)      EITHER PARTY WITH THE CONSENT OF THE OTHER MAY SUE FOR THE
BENEFIT OF WHOM IT MAY CONCERN.

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