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The Conceptual Compensation amount can be challenged, as an exception to the general rule, according to the ECC in three cases. The first case is when the defaulted party can prove that no harm affected the claiming party from his Breach of the contract, as an application to the principal of “No Harm, No Foul”. In such case, the judge may decide that despite of the validity of the Conceptual Compensation clause, the non-entitlement of the claiming party to the Conceptual Compensation.
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