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BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected .
BGB 281. 1 To the extent that the obligor does not render performance when it is due or does not render performance as owed , the obligee may , subject to the requirements of section 280 ( 1 ) , demand damages in lieu of performance , if he has without result set a reasonable period for the obligor for performance or cure . If the obligor has performed only in part , the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance . If the obligor has not rendered performance as owed , the obligee may not demand damages in lieu of performance if the breach of duty is immaterial .
BGB 309. W notice , setting of a period of time ) a provision by which the user is exempted from the statutory requirement of giving the other party to the contract a warning notice or setting a period of time for the latter to perform or cure ;
BGB 323. 1 If , in the case of a reciprocal contract , the obligor does not render an act of performance which is due , or does not render it in conformity with the contract , then the obligee may withdraw from the contract , if he has specified , without result , an additional period for performance or cure .