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=S=> BGB 466 If the third party has agreed in the contract to render an act of collateral performance which the person entitled to preemption is unable to perform , the person entitled to preemption must pay the value of the collateral performance instead of rendering it . If the collateral performance cannot be assessed in money , the exercise of the right of preemption is excluded ; the agreement to render collateral performance is , however , not performed if the contract with the third party would have been entered into even without it .
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