A contractual clause providing for specific remedies upon breach (such as a lessor's right to retain or remove structures and recover costs as liquidated damages) may constitute an exhaustive code of remedies excluding general law damages claims, particularly where the clause adjusts rights that would not otherwise exist at common law. The principle of concurrence (presumption against abandonment of remedies) may not apply where the contractual provision is not merely augmenting existing rights but creating an entirely new regime adjusting the parties' positions. Where a lease has expired, specific performance of obligations that were to be performed during the term is not available, and equitable damages under s 68(b) of the Supreme Court Act 1970 (NSW) require that specific performance could have been granted at the date proceedings were commenced.
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