uidated damages clause. Damages may be canceled completely by a limitauongfliability clause. : [n a limited number of situations, an aggrieved party may bring an action'for specific performance to compel the other contracting party to perform the acts called for by the contract. Specific performance by the seller is always obtainable for the breach of a contract to sell land or real estate on the theory that such prop- erty has a unique value. With respect to other con- tracts, specific performance will not be ordered unless it is shown that there was some unique element pres- ent so that the aggrieved person would suffer a damage that could not be compensated for by the payment of money damages. The aggrieved person also has the option of rescinding the contract if (1) the breach has been made Chapter 20 Breach of Contract and Remedies 397 concerning a material term and (2) the aggrieved party returns everything to the way it was before the con- tract was made. Although there has been a breach of the contract, the effect of this breach is nullified if the aggrieved person by word or conduct waives the right to object to the breach. Conversely, an aggrieved party may accept a defective performance without thereby waiv- ing a claim tor breach if the party makes a reservation of nghts. A reservation of rights can be made by stat- ing that the defective performance is accepted \"without prejudice,\" \"under protest,\" or \"with reservation of rights.\