"КОНВЕНЦИЯ УНИДРУА О МЕЖДУНАРОДНОМ ФИНАНСОВОМ ЛИЗИНГЕ" [рус., англ.] (Заключена в г. Оттаве 28.05.1988)

see, unless exercising a right to buy the equipment or to hold the equipment on lease for a further period, shall return the equipment to the lessor in the condition specified in the previous paragraph.

Article 10

1. The duties of the supplier under the supply agreement shall also be owed to the lessee as if it were a party to that agreement and as if the equipment were to be supplied directly to the lessee. However, the supplier shall not be liable to both the lessor and the lessee in respect of the same damage.
2. Nothing in this article shall entitle the lessee to terminate or rescind the supply agreement without the consent of the lessor.

Article 11

The lessee's rights derived from the supply agreement under this Convention shall not be affected by a variation of any term of the supply agreement previously approved by the lessee unless it consented to that variation.

Article 12

1. Where the equipment is not delivered or is delivered late or fails to conform to the supply agreement:
(a) the lessee has the right as against the lessor to reject the equipment or to terminate the leasing agreement; and
(b) the lessor has the right to remedy its failure to tender equipment in conformity with the supply agreement,
as if the lessee had agreed to buy the equipment from the lessor under the same terms as those of the supply agreement.
2. A right conferred by the previous paragraph shall be exercisable in the same manner and shall be lost in the same circumstances as if the lessee had agreed to buy the equipment from the lessor under the same terms as those of the supply agreement.
3. The lessee shall be entitled to withhold rentals payable under the leasing agreement until the lessor has remedied its failure to tender equipment in conformity with the supply agreement or the lessee has lost the right to reject the equipment.
4. Where the lessee has exercised a right to terminate the leasing agreement, the lessee shall be entitled to recover any rentals and other sums paid in advance, less a reasonable sum for any benefit the lessee has derived from the equipment.
5. The lessee shall have no other claim against the lessor for non-delivery, delay in delivery or delivery of non-conforming equipment except to the extent to which this results from the act or omission of the lessor.
6. Nothing in this article shall affect the lessee's rights against the supplier under Article 10.

Article 13

1. In the event of default by the lessee, the lessor may recover accrued unpaid rentals, together with interest and damages.
2. Where the lessee's default is substantial, then subject to paragraph 5 the lessor may also require accelerated payment of the value of the future rentals, where the leasing agreement so provides, or may terminate the leasing agreement and after such termination:
(a) recover possession of the equipment; and
(b) recover such damages as will place the lessor in the position in which it would have been had the lessee performed the leasing agreement in accordance with its terms.
3. (a) The leasing agreement may provide for the manner in which the damages recoverable under paragraph 2 (b) are to be computed.
(b) Such provision shall be enforceable between the parties unless it would result in damages substantially in excess of those provided for under paragraph 2 (b). The parties may not derogate from or vary the effect of the provisions of the present sub-paragraph.
4. Where the lessor has terminated the leasing agreement, it shall not be entitled to enforce a term of that agreement providing for acceleration of payment of future rentals, but the value of such rentals may be taken into account in computing damages under



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