Ohio Revised Code|Section 1310.50 | Liquidation of damages - UCC 2A-504.

                                                

(A) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.

(B) If the lease agreement provides for liquidation of damages, and if either that provision does not comply with division (A) of this section, or that provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in sections 1310.01 to 1310.78 of the Revised Code.

(C) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency as provided in section 1310.71 or 1310.72 of the Revised Code, the lessee is entitled to restitution of any amount by which the sum of his payments exceeds either of the following:

(1) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with division (A) of this section;

(2) In the absence of those terms, twenty per cent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term or, in the case of a consumer lease, the lesser of that amount or five hundred dollars.

(D) A lessee's right to restitution under division (C) of this section is subject to offset to the extent the lessor establishes both of the following:

(1) A right to recover damages under sections 1310.01 to 1310.78 of the Revised Code other than under division (A) of this section;

(2) The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.

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-18-2885 28:25 From:LAW OFFICE JEFF SAMS 16143227925 To:93? 461 3440 P.i79 \ Vv (ya | FILED . COURT HE GOURT GE SOMMON PLEAS, MONTGOMERY COUNTY, O10 CSOT TL AN & 42 XEROX CORPORATION: y : . CLERK OF SOURTS ONT GOMEP Ha ftp OHIO vs. : Case No. 05-1833 JUDGE DAVIS REECE POWERS, Individually, and : MAGISTRATE O'CONNELL dha POWER MANAGEMENT, INC, Defendant MOTION IN LIMINE. TO EXCLUDE EVIDENCE OF CONSEQUENTIAL AND INCIDENTAL DAMAGES Plaintiff, by counsel, hercby moves the Court to exclude …

Case Filed

Mar 10, 2005

Case Status

CLOSED

County

Montgomery County, OH

Filed Date

Oct 11, 2005

Category

OTHER TORT

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SUMMIT COUNTY CLERK OF COU! IN THE COURT OF COMMON PLEAS, SUMMIT COUNTY, OHIO WIRTH BUSINESS CREDIT, INC Plaintiff, -Vs- LIBERTY FITNESS OF OHIO, LLC, et al., Defendants. Case No. 2009 07 4996 Judge Hunter PLAINTIFF'S REPLY TO DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Jeffrey M. Kerscher (0061764) HANDWORK & KERSCHER LLP 1090 W. South Boundary St., Suite 150 Perrysburg, Ohio 43551 Telephone: (419) 872-6600 Telecopier: (419) 872-6606 Attomey for Plaintiff Now c…

County

Summit County, OH

Filed Date

Dec 29, 2009

Category

BREACH OF LEASE

Judge

JUDY HUNTER

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