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Part 4 · Public-Law Contract › Section 56

Reciprocal contract

(1) A public-law contract within the meaning of section 54, second sentence, in which the authority's contracting partner undertakes a counter-performance, may be concluded where the counter-performance is agreed in the contract for a particular purpose and serves the authority in the performance of its public functions. The counter-performance must be reasonable having regard to all the circumstances and must stand in an objective connection with the contractual performance of the authority.
(2) Where there is a claim to the performance of the authority, only such counter-performance may be agreed as could, on the issuing of an administrative act, be the content of an ancillary provision under section 36.

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