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=S=> BGB 319. 1 If the third party is to specify performance at its reasonably exercised discretion , the specification made is not binding on the parties to the contract if it is evidently inequitable . The specification is made in this case by judicial decision ; the same applies if the third party cannot or does not want to make the specification or if it delays it .
=S=> BGB 319. 2 If the third party is to make the specification at its free discretion , the contract is ineffective if the third party cannot or does not want to make the specification or if it delays it .
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