KRS 355.2A-503: Modification or impairment of rights and remedies.

(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 KRS 355.2A -504, or may

otherwise be limited, altered, or excluded unless the limitation, alteration, or

exclusion is unconscio nable. 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.