West Virginia Code § 46-2A-505

Cancellation and termination and effect of cancellation, termination,
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rescission, or fraud on rights and remedies.
(1) On cancellation of the lease contract, all obligations that are still executory on both sides
are discharged, but any right based on prior default or performance survives, and the
canceling party also retains any remedy for default of the whole lease contract or any
unperformed balance. e
(2) On termination of the lease contract, all obligations that are still executory on both sides
are discharged but any right based on prior default or performance survives.
(3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission,"
or the like of the lease contract may not be construed as a renunciation or discharge of any
claim in damages for an antecedent default.
(4) Rights and remedies for material misrepresentation or fraud include all rights and
remedies available under this article for default. l
(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return
of the goods may bar or be deemed inconsiistent with a claim for damages or other right or
remedy.

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