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(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 336.2A-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 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.
History: 1989 c 232 art 1 s 2A-503; 1991 c 171 art 1 s 10

Official Publication of the State of Minnesota
Revisor of Statutes