Okla. Stat. tit. 12A, § 12A-2A-528

repudiation, or other default.

LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY,

REPUDIATION, OR OTHER DEFAULT

(1) Except as otherwise provided with respect to damages

liquidated in the lease agreement (Section 2A-504 of this title) or

otherwise determined pursuant to agreement of the parties

(subsection (c) of Section 15 of this act and Section 2A-503 of this

title), 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 subsection (2)

of Section 2A-527 of this title, or is by sale or otherwise, the

lessor may recover from the lessee as damages for a default of the

type described in subsection (1) of Section 2A-523 or paragraph (a)

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 277

of subsection (3) of Section 2A-523, 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 this subsection 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 Section 2A-530 of

this title, less expenses saved in consequence of the

lessee's default.

(2) If the measure of damages provided in subsection (1) of

this section 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 Section 2A-530 of this title, due

allowance for costs reasonably incurred and due credit for payments

or proceeds of disposition.