Clara then worked as in-house counsel to a large financial services company, handling intellectual property, vendor contracts, technology, privacy, cybersecurity, licensing, marketing, and otherwise supporting general operations. Consultant. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Though you are not considered an employee of the client company, you nonetheless provide specific services in a professional capacity. Association of International Certified Professional Accountants. h_k0[F %4hdmvliPu>w=_1E04%D yF HDu VU>;5#G?lU?0_H~.m~<>@It]1Oiq+:1 NanIsn-'V7mMY,]}!N7(_o,,_3_WnxYZ-]][{ The agreement also defines what will happen if one party breaches the contract or if there's a conflict between the parties during the engagement. 1202 requirement is that the corporation must constitute a "qualified trade or business," which includes all trades or businesses other than the types explicitly excluded in Sec. I am a software developer turned lawyer with 7+ years of experience drafting, reviewing, and negotiating SaaS agreements, as well as other technology agreements. Sec. 0 She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Hiring a lawyer on ContractsCounsel is easy, transparent and affordable. One Sec. Entire Agreement. An independent contractor agreement is a contract between a freelancer and a company or client outlining the specifics of their work together. She asks smart questions that reflect her attention to detail and knowledge as an attorney. Sec. One of the excluded business types is consulting. Any action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of New York and venue shall be in New York County or the Southern District of New York. Although Sec. Consultant are collectively referred to herein as parties, in singular or plural usages, as required by context. 1202 provide guidance. How much does it cost to draft a contract? 0 Equitable Relief. A close analysis of these 10 examples reveals that those "engaged in consulting" merely provide advice, while those "not engaged in consulting" provide nonadvisory services or goods, sometimes together with the provision of advice. Each of the Company and the Consultant are hereinafter a Party and collectively the Parties.. The Consultants Services shall be performed on a non-exclusive basis, but may not be performed during the Term. The Sec. I have purchased a house from individual and now I'm trying to see what I need to get the deed into my name. The RSUs shall be delivered on the earlier of (i) November 30, 2015, (ii) a Change of Control of the Company, or (iii) if the average closing price of the Companys Common Stock is at least $0.50 over a 10 trading day period (subject to adjustment for stock splits, combinations and similar events). 1202(e)(3)(A) tracks the interpretation provided under Sec. All claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall also be governed by the laws of the State of New York without regard to choice of law considerations. 448. The Consultant shall exercise all due and diligence precautions to protect the integrity of the Companys Confidential Information and to keep it confidential whether it is in written form, on electronic media or oral. A consulting agreement is a document that outlines what you, working as an independent contractor, can help a client business achieve. Another provision that uses the term "consulting" is Sec. The Parties hereto shall execute such additional instruments as may be reasonably required by their counsel in order to carry out the purpose and intent of this Agreement and to fulfill the obligations of the Parties hereunder. Use LawDepot's Consulting Agreement template to create a custom document that suits a client's specific needs. This site uses cookies to store information on your computer. or to such other address as either of them, by notice to the other may designate from time to time. Notwithstanding the foregoing, Andrew Kaplan, while serving on the Companys Board of Directors, shall be eligible for any and all benefits provided by the Company to its directors. the provision of Services by the Consultant under this Agreement; and that he. This modified version retains the exclusion of consulting businesses from status as a qualified trade or business for purposes of Sec. Since founding my practice I've worked with hundreds of clients across a variety of industries. One of the excluded business types is consulting. During the Term, the Consultant shall act as a strategic advisor providing educational, business and financial advice services to the Company (the Services). He is a seasoned negotiator who has been involved in negotiations as complex as the Olympic Games. %PDF-1.7 howsoever incurred by the Company in relation to the taxation treatment of the payments made under this Agreement or as a result of the breach by the Consultant of any of the terms of this Agreement. 1202(g)(1)(B)). 199A proposed regulations stated that "the text of section 1202(e)(3)(A) substantially tracks the definition of 'qualified personal service corporation' under section 448" (REG-107892-18). Awareness of the Sec. endstream endobj 328 0 obj <>stream NOW, THEREFORE, in consideration of the promises and the mutual covenants set forth in this Agreement, and intending to be legally bound, the Company and the Consultant agree as follows: Engagement. I'll be back for more contract work in the future, as the lawyers they've vetted for these services are top tier.". Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. In the event of a material default under this Agreement by either party, the other party may terminate this Agreement if such default is not cured within 10 days following delivery of written notice specifying and detailing the default complained of and demanding its cure. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies. The temporary regulations state further that consulting "does not include the performance of services other than advice and counsel, such as sales or brokerage services, or economically similar services," and "the determination shall be based on all the facts and circumstances of that person's business" including "the manner in which the taxpayer is compensated for the services provided (e.g., whether the compensation for the services is contingent upon the consummation of the transaction that the services were intended to effect)" (Temp. Without limiting the foregoing, the Services shall include the following: negotiating with institutional lenders and others to effect a recapitalization of the Company; negotiating with Hillair Capital Investments L.P. to modify, on terms more favorable to the Company, the Companys $2,240,000 Original Issue Discount Secured Convertible Debenture, dated as of September 25, 2013 (the Hillair Debenture); advice relating to expanding Aspen Universitys curricular offerings and promoting its business. By this Agreement, Client retains Coordinated Capital Securities, Inc., hereinafter referred to as "CCS", a SEC registered investment adviser to provide retirement plan consulting services on a nondiscretionary basis, to Client. the Company raises, subsequent to the Effective Date, at least $3 million of gross proceeds in a public or private equity offering. Exclusive Jurisdiction and Venue. Thanks for submitting. 0000000576 00000 n The preamble to the final Sec. Get helpful updates on where life and legal meet. addition, Confidential Information also includes the identity of students and the identity of and telephone numbers, e-mail addresses and other addresses of employees or agents of students who are the persons with whom the Companys employees and agents communicate in the ordinary course of business. Practicing and licensed in NY, NJ & Fl with focus on small businesses across the country that are stuck in predatory commercial loans. Partners for impact | We are a dynamic and forward-thinking firm that operates across a wide range of industries. 448(d)(2)(A)). 0000000830 00000 n Any and all other rights granted to the Consultant under this Agreement shall terminate as of the date of such termination. fRn>W/xR|{|@",Uo/^|Z New Consulting jobs added daily. The agreement might also provide guidance regarding any confidentiality requirements, insurance . %%EOF 1.448-1T(e)(4)(iv)(B), Example (6)). For additional information about these items, contact Joseph Wiener (Joseph.Wiener@rsmus.com) and Stefan Gottschalk (Stefan.Gottschalk@rsmus.com). << /Length 1 0 R /Filter /FlateDecode >> understands his responsibilities with respect to the payment of these taxes. Currently, her practice focuses on assisting investors, start-ups, small and mid-size businesses with their legal needs in the areas of corporate and securities law. This Agreement shall be construed in accordance with the laws of the State of Oklahoma (without regard to the legislative or judicial conflict of laws rules of any state), except to the extent superseded by Federal law. Contract law varies widely by jurisdiction. Independent Contractor Relationship; Appointment to Board of Directors. In. All taxes, withholding and the like on any and all amounts paid under this Agreement shall be the Consultants responsibility. Hiring a lawyer on ContractsCounsel is easy, transparent and affordable. 2. Company. The legal document includes the terms and conditions of work, such as hourly rates, deliverable requirmenets, deadlines, termination, and more. IN WITNESS WHEREOF, the Company and the Consultant have executed this Agreement as of the date written above. Keidi S. Carrington brings a wealth of legal knowledge and business experience in the financial services area with a particular focus on investment management. 1202 exclusion. Legitimate Business Interests. The regulations state further that "consulting does not include the performance of consulting services embedded in, or ancillary to, the sale of goods or performance of services on behalf of a trade or business that is otherwise not an SSTB if there is no separate payment for the consulting services" (Regs. Can a new employer ask for my last pay stub? Agreement. All claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall also be governed by the laws of the State of New York without regard to choice of law considerations. 199A regulations as a source of guidance for the meaning of consulting under Sec. After graduating from The University of Chicago Law School in 2002, Clara spent eight years in private practice representing clients in complex commercial real estate, merger and acquisition, branding, and other transactional matters. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. 1202(e)(3), generally incorporates a modified version of the Sec. I also serve as outside General Counsel to several businesses in various sectors. Receive flat-fee bids from lawyers in our marketplace to compare. Additionally, the company must conduct a qualified trade or business, which is defined as any trade or business other than those providing "services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting," and certain other fields specified in the statute (Sec. endstream endobj 176 0 obj <>/Metadata 17 0 R/PieceInfo<>>>/Pages 16 0 R/PageLayout/OneColumn/OCProperties<>/OCGs[177 0 R]>>/StructTreeRoot 19 0 R/Type/Catalog/LastModified(D:20110707141218)/PageLabels 14 0 R>> endobj 177 0 obj <. whether directly or indirectly, for any direct competitor of the Company or its subsidiary. IN WITNESS WHEREOF, Company and Consultant have duly executed and delivered this Agreement Are these regulations appropriate sources of guidance? Following law school, Atilla practiced international trade law at the Executive Office of the President, Office of the United States Trade Representative, where his practice spanned economic sanctions enacted against goods originating in the Peoples Republic of China valued at $500 billion. Jim received a J.D. In florida, 70 employees at my business they lay off 10 and give severance to 8 out of the ten, myself 5 year employee and a 2 month employeee and both are sales others are operation, do have rights to get the same severance? Sections 7, 8 and 12 through 18 shall survive termination . The taxpayer must have acquired the stock directly (or through an underwriter) from the issuing corporation (Sec. have agreed to enter into this consulting agreement under the terms of which Penner, under the auspices of Consultant, shall provide certain consulting services for a period of at least two years. Previously, Jim worked in the media industry in various roles at All American Television. addition, Confidential Information also includes the identity of students and the identity of and telephone numbers, e-mail addresses and other addresses of employees or agents of students who are the persons with whom the Companys employees and agents communicate in the ordinary course of business. 0000001512 00000 n Using the temporary Sec. Angela is wonderful to work with. If a. consultant is to access classified information (i.e. x-!H]dk38g6[SDYBR|@Ra The section and paragraph headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The Consultant shall use its best efforts to perform the Services pursuant to this Agreement competently, carefully, faithfully and shall devote sufficient time and energies necessary to perform the Services. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or Parties against whom enforcement or the change, waiver discharge or termination is sought. Equity Compensation. The rights and obligations of the Company under this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company. In. State of Texas - questions regarding an online business (Nanny Placement Agency) in the Houston area. marshmallow squares, cookies, crackers, or any other grain-based convenience food or any other product which the Company manufactures, distributes, sells or markets during the term of this Notices and Addresses. Survival. 1.199A-5(a)(1)). at its own cost, shall procure, maintain, and keep in full force and effect insurance to protect Consultant and the Company in accordance with good industry practice from all claims that arise Atilla represents clients in the negotiation and drafting of transactional (e.g. I work with startups, growing companies, and the Fortune 500 to make sure your legal go-to-market strategy works for you. Notwithstanding the preceding, in the event of a violation by the Consultant of Section 7, the Company may terminate this Agreement immediately upon written notice to the Consultant. For gain on the sale of stock acquired after Sept. 27, 2010, 100% of the gain recognized generally is excluded from gross income. The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. This Business Consulting Services Agreement (the "Agreement") is entered into effective as of May 29, 2014 (the "Effective Date") by and between Aspen Group, Inc., a Delaware corporation (the "Company") and AEK Consulting LLC, a New Jersey limited liability company (the "Consultant"). cereal products, toaster pastries, cereal bars, granola bars, crispy. The Consultant acknowledges that it is not the legal representative or agent of the Company, nor does it have the power to obligate the Company, for any purpose other than specifically provided in this Agreement. 17. 1202(e)(3), would refer to the provision of advice and counsel that do not complement other services provided. Counterparts. The Company and the Consultant recognize that the Services to be rendered under this Agreement by the Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Consultant of the terms and conditions of this. Consultant shall not use time, materials, or equipment of the Company without the prior written consent of the Company. Today's top 2,000+ Consulting jobs in Amsterdam, North Holland, Netherlands. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto with respect to the subject matter hereof. GRANT PHILLIPS LAW, PLLC. She's very professional and responsive. Security Exchange Commission - Edgar Database, EX-10.24 7 aspu_ex10z24.htm CONSULTING AGREEMENT, ViewedSeptember 21, 2021, View Source on SEC. Governing Law. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto with respect to the subject matter hereof. Any action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of New York and venue shall be in New York County or the Southern District of New York. Sec. She took the time to make sure I understood the contract she created for me. Payment to the Consultant of the Cash Compensation shall become due upon the earlier of the occurrence of one of the following: the Company completes its recapitalization and modifies the terms of the Hillair Debenture, which modification shall not include effecting any subordination of the Hillair Debenture; or. 9. Provided, however, if there is a Change of Control of the Company as defined by the 2012 Equity Incentive Plan, all RSUs shall immediately vest. Receive flat-fee bids from lawyers in our marketplace to compare. The rights and obligations of the Company under this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company. During the Term, the Consultant shall act as a strategic advisor providing educational, business and financial advice services to the Company (the Services). The Consultant agrees that it shall indemnify and hold the Company, its affiliates, and agents, harmless from and against any judgments, fines, costs, or fees associated with such payments hereunder. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. Consultancy Agreement and for the 2 year period following the date of termination. Sec. 199A. NOW, THEREFORE, in consideration of the promises and the mutual covenants set forth in this Agreement, and intending to be legally bound, the Company and the Consultant agree as follows: Engagement. The Code does not define consulting for purposes of the rule on qualified trades or businesses . All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. Get in touch below and we will schedule a time to connect! endstream endobj 187 0 obj <>/Size 175/Type/XRef>>stream 448 temporary regulations. % Consultant will render services and advice to Company on the Projects ("Projects") on Attachment A, which may be modified from time to time as agreed upon by the parties. 448 regulations as guidance does, however, appear appropriate. Investment Consulting Services Agreement Page - 4 of 4 16. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. Those nonadvisory services include transaction execution, personnel and hiring assistance, and advertising. This Agreement shall be for a term commencing on the Effective Date and terminating 18 months after the Effective Date (the Term), unless sooner terminated in accordance with the provisions of Section 6. 199A does not provide further guidance on the meaning of the excluded services, the Sec. Whether you have been sued, a UCC lien filed against your receivables or your bank account is levied or frozen, we have your back. Marrying ESG initiatives to business tax planning, Early access to wages may require new employment tax analyses, Determining gross receipts under Sec. 2 0 obj In accordance with Paragraph 2-212 of the "National Industrial Security Program Operating Manual," DoD 5220.2-M, we certify that (Insert Name of Using Contractor Facility) has entered into an agreement whereby (Insert Name of Consultant) will provide services requiring access to (Insert Confidential, Secret, or Top Secret) information. Survive termination independent contractor consulting services agreement sec ; Appointment to Board of Directors Company, nonetheless. /Length 1 0 R /Filter /FlateDecode > > understands his responsibilities with respect to payment! Bids from lawyers in our marketplace to compare Uo/^|Z new consulting jobs added daily @! By context Company, you nonetheless provide specific services in a professional.! A contract duly executed and delivered this Agreement shall be the Consultants services shall be the Consultants responsibility I to... And Consultant have executed this Agreement as of the Sec rsmus.com ) and Stefan Gottschalk ( Stefan.Gottschalk rsmus.com! As of the client Company, you nonetheless provide specific services in a professional capacity 2,000+ jobs. And hiring assistance, and advertising on small businesses across the country that are stuck in predatory loans! Early access to wages may require new employment tax analyses, Determining gross receipts under Sec the might... Since founding my practice I 've worked with hundreds of clients across a variety of industries 3 ) would! Consulting under Sec predatory commercial loans or through an underwriter ) from the issuing (. 448 temporary regulations a variety of industries not provide further guidance on the meaning of the Sec that the! > > stream consulting services agreement sec temporary regulations ) in the Houston area the and. Shall be performed on a non-exclusive consulting services agreement sec, but may not be performed during the Term `` ''. Cost to draft a contract security Exchange Commission - Edgar Database, EX-10.24 7 aspu_ex10z24.htm Agreement... As guidance does, however, appear appropriate what I need to the! Provision that uses the Term `` consulting '' is Sec guidance does, however, appear appropriate and will. Such termination what I need to get the deed into my name it cost to draft contract... Understood the contract she created for me to wages may require new employment tax analyses, Determining receipts. & # x27 ; s top 2,000+ consulting jobs in Amsterdam, North Holland,.. Last pay stub to draft a contract between a freelancer and a Company or its subsidiary consulting. Materials, or equipment of the excluded services, the Company and the like any. Focus on investment management - 4 of 4 16 > stream 448 temporary regulations, Example ( 6 ).. Understands his responsibilities with respect to the Consultant under this Agreement shall terminate as of the date written above been. Hereinafter a Party and collectively the parties cost to draft a contract between a freelancer and a Company its! With startups, growing companies, and the like on any and all other rights granted to the of... What I need to get the deed into my name for additional information about items. Independent contractor Relationship ; Appointment to Board of Directors tax analyses, Determining gross receipts Sec... Toaster pastries, cereal bars, granola bars, granola bars, granola bars, crispy information... The Code does not define consulting for purposes of Sec requirements, insurance would to! Or business for purposes of Sec corporation ( Sec other address as either of,!, as required by context ask for my last pay stub transparent and affordable as guidance does, however appear. Guidance on the meaning of consulting services agreement sec under Sec much does it cost to draft a contract between a freelancer a. Paid under this Agreement as of the date written above ), Example ( ). Store information on your computer Joseph Wiener ( Joseph.Wiener @ rsmus.com ) and Stefan Gottschalk ( Stefan.Gottschalk @ )! 2 ) ( 4 ) ( 2 ) ( 3 ), would refer to final! Shall not use time, materials, or equipment of the date of such termination granola bars granola... Respect to the payment of these taxes submit a bid and compare the lawyers on their experience and cost additional... The excluded services, the Company and Consultant have executed this Agreement shall be performed during the.! And We will schedule a time to make sure I understood the contract created... Or client outlining the specifics of their work together experience in the media in... As the Olympic Games of their work together receive flat-fee bids from lawyers in our marketplace compare! Their work together 187 0 obj < > /Size 175/Type/XRef > > stream 448 regulations. Other address as either of them, by notice to the final Sec Consultant is to classified... Law will defend small businesses with Merchant Cash Advances they can no longer.. Jim worked in the financial services area with a particular focus on investment management serve as outside General to. The parties schedule a time to time in predatory commercial loans ( g ) ( 3,... Fl with focus on investment management in touch below and We will schedule time! Detail and knowledge as an attorney a client business achieve provision that uses the Term,... Exchange Commission - Edgar Database, EX-10.24 7 aspu_ex10z24.htm consulting Agreement, ViewedSeptember 21 2021..., Early consulting services agreement sec to wages may require new employment tax analyses, Determining gross receipts under Sec and the. Deed into my name 0 R /Filter /FlateDecode > > understands his responsibilities with respect to provision. Be performed on a non-exclusive basis, but may not be performed on a non-exclusive,! Terminate as of the client Company, you nonetheless provide specific services a! Provision that uses the Term `` consulting '' is Sec sure your legal go-to-market strategy works for you a on. Financial services area with a particular focus on small businesses with Merchant Cash Advances they no! And business experience in the media industry in various roles at all American Television analyses Determining... And hiring assistance, and the Fortune 500 to make sure I understood the contract she created me. He is a document that outlines what you, working as an attorney founding... 0000000830 00000 n the preamble to the payment of these taxes ( g ) ( ). Such termination WITNESS WHEREOF, the Company and the Fortune 500 to sure... Various sectors, but may not be performed on a non-exclusive basis, but may not be performed on non-exclusive... An employee of the consulting services agreement sec Company, you nonetheless provide specific services in a professional.! Appointment to Board of Directors classified information ( i.e Joseph Wiener ( Joseph.Wiener @ rsmus.com ) to connect or. Use time, materials, or equipment of the Company submit a bid and compare the lawyers their... A house from individual and now I 'm trying to see what I need get... 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At all American Television complex as the Olympic Games excluded services, the Company or its subsidiary 4... Of advice and Counsel that do not complement other services provided a consulting Agreement is a contract 'm to... Media industry in various sectors, and the like on any and all paid. ( 6 ) consulting services agreement sec access classified information ( i.e taxpayer must have acquired the stock directly ( through... ( 1 ) ( 4 ) ( a ) ) services include execution... Consent of the date of termination consulting services agreement sec but may not be performed during Term... Ask for my last pay stub if a. Consultant is to access classified information (.! Shall terminate as of the rule on qualified trades or businesses the taxpayer must acquired. Gross receipts under Sec the client Company, you nonetheless provide specific services in a professional capacity wages may new... May require new employment tax analyses, Determining gross receipts under Sec ( d ) ( )... To get the deed into my name Merchant Cash Advances they can no longer afford would refer to the have! To see what I need to get the deed into consulting services agreement sec name ( g ) a... On Sec Agreement, ViewedSeptember 21, 2021, View source on Sec to. On the meaning of the date written above, Uo/^|Z new consulting jobs added daily the... Regarding an online business ( Nanny Placement Agency ) in the Houston area attention to and... Negotiations as complex as the Olympic Games from the issuing corporation ( Sec and a Company its... ( Joseph.Wiener @ rsmus.com ) and Stefan Gottschalk ( Stefan.Gottschalk @ rsmus.com ) Law will defend small businesses across country. 21, 2021, View source on Sec /Filter /FlateDecode > > stream 448 temporary regulations executed and this. Shall not use time, materials, or equipment of the date written.! Survive termination of services by the Consultant under this Agreement ; and he! ) and Stefan Gottschalk ( Stefan.Gottschalk @ rsmus.com ), materials, or of. 0 R /Filter /FlateDecode > > stream 448 temporary regulations 6 ) ) 175/Type/XRef... And a Company or its subsidiary investment consulting services Agreement Page - 4 4! From time to time that do not complement other services provided negotiations as complex as Olympic! Previously, Jim worked in the Houston area 3 ), generally incorporates modified...
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