2006 New York Code - Modification Or Impairment Of Rights And Remedies.



 
  Section 2-A-503. Modification or Impairment of Rights and Remedies.
    (1)  Except as otherwise provided in this Article, the lease agreement
  may include rights and  remedies  for  default  in  addition  to  or  in
  substitution  for  those provided in this Article and may limit or alter
  the measure of damages recoverable under this Article.
    (2) Resort to a remedy provided under this Article  or  in  the  lease
  agreement  is  optional  unless  the  remedy  is  expressly agreed to be
  exclusive. If circumstances cause an exclusive or limited remedy to fail
  of its essential purpose,  or  provision  for  an  exclusive  remedy  is
  unconscionable, remedy may be had as provided in this Article.
    (3)  Consequential damages may be liquidated under Section 2-A-504, or
  may otherwise be limited, altered, or excluded  unless  the  limitation,
  alteration,  or exclusion is unconscionable.  Limitation, alteration, or
  exclusion of consequential damages for injury to the person in the  case
  of   consumer  goods  is  prima  facie  unconscionable  but  limitation,
  alteration, or exclusion of damages where the loss is commercial is  not
  prima facie unconscionable.
    (4)  Rights  and  remedies on default by the lessor or the lessee with
  respect to any obligation or promise  collateral  or  ancillary  to  the
  lease contract are not impaired by this Article.

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