Collateral performance

If the third party has agreed in the contract to render an act of collateral performance that the person entitled to preemption is incapable of performing, the person entitled to preemption is to pay the value of the collateral performance instead of rendering it. If the collateral performance cannot be assessed in money, then the exercise of the right of preemption is excluded; the agreement to render collateral performance is not an available option, however, if the contract with the third party would have been concluded also without it.