Maine Code § 11-2-1504

(1). Damages payable by either party for default or any other act or omission, including indemnity
for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be
liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of
the then anticipated harm caused by the default or other act or omission.
[PL 1991, c. 805, §4 (NEW).]
(2). If the lease agreement provides for liquidation of damages and that provision does not comply
with subsection (1), or that provision is an exclusive or limited remedy that circumstances cause to fail
of its essential purpose, remedy may be had as provided in this Article.
[PL 1991, c. 805, §4 (NEW).]
(3). If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or
insolvency (section 2-1525 or 2-1526) the lessee is entitled to restitution of any amount by which the
sum of the lessee's payments exceeds:
(a). The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages
in accordance with subsection (1); or [PL 1991, c. 805, §4 (NEW).]
(b). In the absence of those terms, 20% of the then present value of the total rent the lessee was
obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of
that amount or $500. [PL 1991, c. 805, §4 (NEW).]
[PL 1991, c. 805, §4 (NEW).]

(4). A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor
establishes:
(a). A right to recover damages under the provisions of this Article other than subsection (1); and
[PL 1991, c. 805, §4 (NEW).]
(b). The amount or value of any benefits received by the lessee directly or indirectly by reason of
the lease contract. [PL 1991, c. 805, §4 (NEW).]
[PL 1991, c. 805, §4 (NEW).]

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