§ 355-2a-523

355.2A -523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment leas e contract the value of the whole lease contract is substantially impaired (KRS 355.2A -510), the lessee is in default under the lease contract and the lessor may: (a) Cancel the lease contract (subsection (1) of KRS 355.2A -505); (b) Proceed respecting good s not identified to the lease contract (KRS 355.2A - 524); (c) Withhold delivery of the goods and take possession of goods previously delivered (KRS 355.2A -525); (d) Stop delivery of the goods by any bailee (KRS 355.2A -526); (e) Dispose of the goods and reco ver damages (KRS 355.2A -527), or retain the goods and recover damages (KRS 355.2A -528), or in a proper case recover rent (KRS 355.2A -529); (f) Exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor does not f ully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss

ther remedies provided in the lease contract. (2) If a lessor does not f ully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incide ntal damages, less expenses saved in consequence of the lessee's default. (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right t o cancel the lease. In addition, unless otherwise provided in the lease contract: (a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2); or (b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2). Effective: January 1, 1993 History: Amended 1992 Ky. Acts ch. 116, sec. 18, effective January 1, 1993 -- Created 1990 Ky. Acts ch. 363, sec. 70, effective January 1, 1991.