(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
(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 KRS 355.2A-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
(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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