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EnglischBGB 309. C penalty ) a provision by which the user is promised the payment of a contractual penalty in the event of non-acceptance or late acceptance of the performance , payment default or in the event that the other party to the contract frees himself from the contract ;
EnglischBGB 309. C of other party to contract ) a provision according to which in the case of purchase , loan or service agreements or agreements to produce a result a third party enters into , or may enter into , the rights and duties under the contract in place of the user , unless , in that provision , a)the third party is identified by name , or b)the other party to the contract is granted the right to free himself from the contract ;