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2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A5 - Default
Section 2A507 - Proof of market rent: time and place

     § 2A507.  Proof of market rent: time and place.
        (a)  Rent prevailing; general rule.--Damages based on market
     rent (section 2A519 or 2A528) are determined according to the
     rent for the use of the goods concerned for a lease term
     identical to the remaining lease term of the original lease
     agreement and prevailing at the times specified in sections
     2A519 (relating to lessee's damages for nondelivery,
     repudiation, default and breach of warranty in regard to
     accepted goods) and 2A528 (relating to lessor's damages for
     nonacceptance, failure to pay, repudiation or other default).
        (b)  Rent prevailing at other times.--If evidence of rent for
     the use of the goods concerned for a lease term identical to the
     remaining lease term of the original lease agreement and
     prevailing at the times or places described in this division is
     not readily available, the rent prevailing within any reasonable
     time before or after the time described or at any other place or
     for a different lease term which in commercial judgment or under
     usage of trade would serve as a reasonable substitute for the
     one described may be used, making any proper allowance for the
     difference, including the cost of transporting the goods to or
     from the other place.
        (c)  Admissibility of new prevailing rent.--Evidence of a
     relevant rent prevailing at a time or place or for a lease term
     other than the one described in this division offered by one
     party is not admissible unless and until he has given the other
     party notice the court finds sufficient to prevent unfair
     surprise.
        (d)  Admissibility of market quotations.--If the prevailing
     rent or value of any goods regularly leased in any established
     market is in issue, reports in official publications or trade
     journals or in newspapers or periodicals of general circulation
     published as the reports of that market are admissible in
     evidence. The circumstances of the preparation of the report may
     be shown to affect its weight but not its admissibility.
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