KRS 355.2A-507: Proof of market rent: time and place.

(1) Damages based on market rent (KRS 355.2A -519 or 355.2A -528) are determined

according to the rent for the use of the goods concerned for a lease term identical to

the remaining lease term of the original lease agreement and prevailing at the times

specified in KRS 355.2A-519 and 355.2A-528.

(2) If evidence of rent for the use of the goods concerned for a lease term identical to

the remaining lease term of the original lease agreement and prevailing at the times

or places described in this article is not read ily available, the rent prevailing within

any reasonable time before or after the time described or at any other place or for a

different lease term which in commercial judgment or under usage of trade would

serve as a reasonable substitute for the one des cribed may be used, making any

proper allowance for the difference, including the cost of transporting the goods to

or from the other place.

(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other

than the one described in t his article offered by one party is not admissible unless

and until he has given the other party notice the court finds sufficient to prevent

unfair surprise.

(4) If the prevailing rent or value of any goods regularly leased in any established

market is in issue, reports in official publications or trade journals or in newspapers

or periodicals of general circulation published as the reports of that market are

admissible in evidence. The circumstances of the preparation of the report may be

shown to affect its weight but not its admissibility.