Pecuniary compensation

Where the injuring party acts neither intentionally nor negligently, he or she may, in order to avert the assertion of the claims under sections 97 and 98, pay pecuniary compensation to the injured party if fulfilment of the claims would cause disproportionate harm and the injured party can be expected to accept pecuniary compensation. The compensation totals that amount which would constitute equitable remuneration were the right to be contractually granted. Payment of such compensation is deemed equivalent to granting the injuring party permission to exploit the right to the customary extent.