In the event of default in the performance of a leasing contract accompanied by a promise of sale or hire purchase, the lessor is entitled to demand, pursuant to article L. 312-40, an indemnity equal to the difference between, on the one hand, the residual value excluding taxes of the goods stipulated in the contract, increased by the updated value, on the date of termination of the contract, of the sum excluding taxes of the rents not yet due and, on the other hand, the market value excluding taxes of the goods returned.