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=S=> BGB 321. 1 A person who is obliged to perform in advance under a reciprocal contract may refuse to render his performance if , after the contract is entered into , it becomes apparent that his entitlement to consideration is jeopardised by the inability to perform of the other party . The right to refuse performance is not applicable if consideration is rendered or security is given for it .
=S=> BGB 321. 2 The person required to perform in advance may specify a reasonable period in which the other party must , at his choice , render consideration or provide security reciprocally and simultaneously against performance . If the period ends without result , the person required to perform in advance may withdraw from the contract . Section 323 applies with the necessary modifications .
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