I’m not an attorney, but it seems there is a typo and that you meant to state “…for such breach, an action to rescind the agreement…” Regardless, I’m not sure why you would want a statement in the agreement that allows one party to nullify the agreement because that would put you both back to square one. So, I do see his point and would make the same argument he does. I would suggest changing it to “…such remedy to include an action for damages for such breach or an action for specific performance.” Again, not an attorney.