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BGB 341. 3 If the obligee accepts performance , he may demand the penalty only if he reserved the right to do so on acceptance .
BGB 364. 1 The obligation expires if the obligee accepts , in lieu of performance of contract , performance other than that owed .
BGB 536b If the lessee knows of the defect when entering into the agreement , then he does not have the rights under sections 536 and 536a. If he remains unaware of the defect due to gross negligence , then he has these rights only if the lessor fraudulently concealed the defect . If the lessee accepts a defective thing although he is aware of the defect , then he may only assert the rights under sections 536 and 536a if he reserved his rights at the time of acceptance .
BGB 640. 2 If the customer accepts a defective work under subsection ( 1 ) sentence 1 , even though he knows of the defect , he only has the rights designated in section 634 nos . 1 to 3 if he reserves his rights with regard to the defect when he accepts the work .