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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A5 - Default
Section 2A503 - Modification or impairment of rights and remedies
§ 2A503. Modification or impairment of rights and remedies.
(a) Provisions in lease agreements.--Except as otherwise
provided in this division, the lease agreement may include
rights and remedies for default in addition to or in
substitution for those provided in this division and may limit
or alter the measure of damages recoverable under this division.
(b) Specified remedy construed as optional.--Resort to a
remedy provided under this division 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 division.
(c) Consequential damages.--Consequential damages may be
liquidated under section 2A504 (relating to liquidation of
damages), 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.
(d) Other rights and remedies unimpaired.--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 division.
Cross References. Section 2A503 is referred to in sections
2A518, 2A519, 2A527 of this title.
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