(ii) waives in both cases any claim to performance of the remaining part of the contract and all rights to compensation, either for the default or for the damage caused to it by the failure of the defendant. (2) If a contracting party is unable to perform its full part of it, but the party who is to remain unenforced has only a small part of the total value and allows for compensation in money, the court may, on an action brought by one of the parties, order the actual performance of as much of the contract as possible – and award monetary compensation for the default. .