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=S=> BGB 341. 1 If the obligor has promised the penalty in the event that he fails to perform his obligation properly , including without limitation performance at the specified time , the obligee may demand the payable penalty in addition to performance .
=S=> BGB 341. 2 If the obligee has a claim to damages for the improper performance , the provisions of section 340 ( 2 ) apply .
=S=> BGB 341. 3 If the obligee accepts performance , he may demand the penalty only if he reserved the right to do so on acceptance .
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