New Jersey § 12a:2a-528

§ 12a:2a-528.

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement

(12A:2A-504) or otherwise determined pursuant to agreement of the parties ( sections 12A:1-102(3) and 12A:2A-503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods

and the disposition is by lease agreement that for any reason does not qualify for

treatment under 12A:2A-527(2), or is by sale or otherwise, the lessor may recover

from the lessee as damages for a default of the type described in 12A:2A-523(1) or

12A:2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and

unpaid rent as of the date of default if the lessee has never taken possession of

the goods, or, if the lessee has taken possession of the goods, as of the date the

lessor repossesses the goods or an earlier date on which the lessee makes a tender

of the goods to the lessor, (ii) the present value as of the date determined under

clause (i) of the total rent for the then remaining lease term of the original lease

agreement minus the present value as of the same date of the market rent at the place

where the goods are located computed for the same lease term, and (iii) any incidental

damages allowed under 12A:2A-530, less expenses saved in consequence of the lessee's

default. (2) If the measure of damages provided in subsection (1) is inadequate to put a lessor

in as good a position as performance would have, the measure of damages is the present

value of the profit, including reasonable overhead, the lessor would have made from

full performance by the lessee, together with any incidental damages allowed under

12A:2A-530, due allowance for costs reasonably incurred and due credit for payments

or proceeds of disposition.