Common use of Limitation of Agent’s Liability Clause in Contracts

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 18 contracts

Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement

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Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 12 contracts

Samples: datasets.opentestset.com, Securities Agreement, Repurchase Agreement (Five Oaks Investment Corp.)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations and warranties of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction Loan and Agent otherwise complies with the provisions of this Annex IAnnex, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or against obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 11 contracts

Samples: Master Securities Loan Agreement (Thermo Electron Corp), Securities Lending Agency Agreement (Wells Fargo Funds Trust), Master Securities Loan Agreement (Nortel Networks Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 6 contracts

Samples: Master Repurchase Agreement (Spirit Finance Corp), Master Repurchase Agreement (WMC Finance Co), Master Repurchase Agreement (Spirit Finance Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations and warranties of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction Loan and Agent otherwise complies with the provisions of this Annex IAnnex, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or against obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 6 contracts

Samples: Securities Loan Agreement, www.sec.gov, Securities Loan Agreement

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 4 contracts

Samples: Repurchase Agreement (Spirit Finance Corp), Master Repurchase Agreement (MortgageIT Holdings, Inc.), Master Repurchase Agreement (Oak Street Financial Services Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations and warranties of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction Loan and Agent otherwise complies with the provisions of this Annex IAnnex, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s Borrower's remedies shall not include a right of setoff in respect of rights or against obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 3 contracts

Samples: Securities Loan Agreement (Pain Therapeutics Inc), Securities Lending Agency Agreement (Merrill Lynch Global Technology Fund Inc), Cooper Industries Inc

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 3 contracts

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.), Master Repurchase Agreement (American Home Mortgage Investment Corp), Master Repurchase Agreement (New Century Financial Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex ITV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 3 contracts

Samples: Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations and warranties of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction Loan and Agent otherwise complies with complieswith the provisions of this Annex IAnnex, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or against obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 3 contracts

Samples: Securities Lending Agent Agreement, www.sofi.hk, www.sofi.hk

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations and warranties of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction Loan and Agent otherwise complies with the provisions of this Annex IAnnex, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its As Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s Borrowers remedies shall not include a right of setoff in respect of rights or set off against obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 2 contracts

Samples: Securities Lending Agreement (One Group), Securities Lending Agreement (One Group)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions provi- sions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 2 contracts

Samples: Master Repurchase Agreement, www.sifma.org

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for Annex 1-1 performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not Annex - 1 include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in 29 § September 1996 § Master Repurchase Agreement other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Provident Mortgage Capital Associates, Inc.

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 11 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.. Annex - 1

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 11 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any the Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a Annex - 1 guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIII, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIII, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Securities Forward Transaction Agreement

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IV, are true and correct in all material respects during the term of any Transaction Option and Agent otherwise complies with the provisions of this Annex IV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: www.sifma.org

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s part remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

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Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions provi- sions of this Annex IXxxxx XX, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, Agreement are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex Ihereof, then (a) Agent’s 's obligations under the this Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s Seller's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Aames Financial Corp/De)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal. 4.

Appears in 1 contract

Samples: Master Repurchase Agreement (Metropolitan Mortgage & Securities Co Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IAnnex, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: NexPoint Credit Strategies Fund

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions provi- sions of this Annex IXxxxx XX, then (a) Agent’s obligations under the Agreement shall not include incl ude a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: www.ird.gov.hk

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff set off in respect of rights or obligations, if any, of Agent arising in other transactions transaction in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Amresco Capital Trust)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including Including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pmi Group Inc)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the September 1996 n Master Repurchase Agreement n 21 provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance per- formance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Forward Transaction Agreement

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s 's obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s 's remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Market Association (FBR Asset Investment Corp Md)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not Annex 1-1 include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions provi­ sions of this Annex IIV, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: www.ird.gov.hk

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex IIV, are true and correct in all material respects during the term of any Transaction and Agent otherwise complies with the provisions of this Annex IIV, then (a) Agent’s obligations Agent’sobligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, Principals and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

Limitation of Agent’s Liability. The parties expressly acknowledge that if the representations of Agent under the Agreement, including this Annex I, are true and correct in all material respects during the term of any the Transaction and Agent otherwise complies with the provisions of this Annex I, then (a) Agent’s obligations under the Agreement shall not include a guarantee of performance by its Principal or Principals; provided that Agent shall remain liable for performance pursuant to Section 10 of the Agreement, and (b) the other party’s remedies shall not include a right of setoff in respect of rights or obligations, if any, of Agent arising in other transactions in which Agent is acting as principal.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

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