Section 2-A-516. Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Person Answerable Over  


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  • (1) A lessee must pay rent for any goods accepted in  accordance  with
      the  lease contract, with due allowance for goods rightfully rejected or
      not delivered.
        (2) A lessee's acceptance of goods precludes rejection  of  the  goods
      accepted. In the case of a finance lease, other than a consumer lease in
      which  the supplier assisted in the preparation of the lease contract or
      participated in negotiating the terms of the  lease  contract  with  the
      lessor,  if made with knowledge of a nonconformity, acceptance cannot be
      revoked because of it. In any other case, if made with  knowledge  of  a
      nonconformity,  acceptance  cannot  be  revoked because of it unless the
      acceptance was on the reasonable assumption that the nonconformity would
      be seasonably cured. Acceptance does not  of  itself  impair  any  other
      remedy   provided   by   this   Article   or  the  lease  agreement  for
      nonconformity.
        (3) If a tender has been accepted:
             (a) within a reasonable time after the lessee discovers or should
                 have discovered any default,  the  lessee  shall  notify  the
                 lessor and the supplier, if any, or be barred from any remedy
                 against the party not notified;
             (b) except  in  the case of a consumer lease, within a reasonable
                 time after the  lessee  receives  notice  of  litigation  for
                 infringement  or  the like (Section 2-A-211) the lessee shall
                 notify the lessor or be  barred  from  any  remedy  over  for
                 liability established by the litigation; and
             (c) the burden is on the lessee to establish any default.
        (4)  If  a lessee is sued for breach of a warranty or other obligation
      for which a lessor or a supplier is answerable over the following apply:
             (a) the lessee may give the lessor  or  the  supplier,  or  both,
                 written  notice  of the litigation. If the notice states that
                 the person notified may come in and defend and  that  if  the
                 person  notified  does not do so that person will be bound in
                 any  action  against  that  person  by  the  lessee  by   any
                 determination  of  fact  common  to the two litigations, then
                 unless the person notified after seasonable  receipt  of  the
                 notice does come in and defend that person is so bound; and
             (b) the  lessor  or  the  supplier may demand in writing that the
                 lessee  turn  over  control  of  the   litigation   including
                 settlement  if  the claim is one for infringement or the like
                 (Section 2-A-211) or else be barred from any remedy over.  If
                 the  demand  states that the lessor or the supplier agrees to
                 bear all expense and to satisfy any  adverse  judgment,  then
                 unless the lessee after seasonable receipt of the demand does
                 turn over control the lessee is so barred.
        (5)  Subsections  (3)  and  (4) apply to any obligation of a lessee to
      hold the lessor or the supplier harmless  against  infringement  or  the
      like (Section 2-A-211).