(1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.
(2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.
(3) Unless the contrary intention clearly appears, expressions of “cancellation,” “rescission,” or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.
(4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this Article for default.
(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
Structure Delaware Code
§ 2A-502. Notice after default.
§ 2A-503. Modification or impairment of rights and remedies.
§ 2A-504. Liquidation of damages.
§ 2A-506. Statute of limitations.
§ 2A-507. Proof of market rent: Time and place.
§ 2A-509. Lessee's rights on improper delivery; rightful rejection.
§ 2A-510. Installment lease contracts: Rejection and default.
§ 2A-511. Merchant lessee's duties as to rightfully rejected goods.
§ 2A-512. Lessee's duties as to rightfully rejected goods.
§ 2A-513. Cure by lessor of improper tender or delivery; replacement.
§ 2A-514. Waiver of lessee's objections.
§ 2A-515. Acceptance of goods.
§ 2A-517. Revocation of acceptance of goods.
§ 2A-518. Cover, substitute goods.
§ 2A-520. Lessee's incidental and consequential damages.
§ 2A-521. Lessee's right to specific performance or replevin.
§ 2A-522. Lessee's right to goods on lessor's insolvency.
§ 2A-524. Lessor's right to identify goods to lease contract.
§ 2A-525. Lessor's right to possession of goods.
§ 2A-526. Lessor's stoppage of delivery in transit or otherwise.
§ 2A-527. Lessor's rights to dispose of goods.
§ 2A-528. Lessor's damages for non-acceptance, failure to pay, repudiation, or other default.
§ 2A-529. Lessor's action for the rent.
§ 2A-530. Lessor's incidental damages.
§ 2A-531. Standing to sue third parties for injury to goods.