SUBCONTRACT AGREEMENT - Alpine Painting



PER JOB SUBCONTRACT AGREEMENT

This agreement has been made on __________________ between

CONTRACTOR: Alpine Painting & Sandblasting Contractors

17 Florida Avenue

Paterson, NJ 07503

(973) 279-3200

and

SUBCONTRACTOR:

PROJECT NAME AND JOB NUMBER:

This agreement will terminate on__________________.

SUBCONTRACT WORK:

SCOPE OF WORK:

THE SUBCONTRACT DOCUMENTS: The Subcontract Documents consist of (1) This Agreement; (2) the Construction Agreement and other Contract Documents enumerated therein, including Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Construction Agreement and Modifications issued subsequent to the execution of the Construction Agreement, whether before or after the execution of this agreement, and other Contract Documents, if any, listed in the Construction Agreement; (3) Other Documents listed in this Agreement; and (4) Modifications to this Subcontract issued after execution of this Agreement. (5) Addenda (identified by number and date), specifying the individual Project Title, the Owner/Architect/Engineer, Subcontract Work, Scope of work, Subcontract Price, Completion Schedule, Manpower or any other information necessary to amend the subcontract documents for each individual project. Any items unspecified in the addenda will by governed by the SUBCONTRACT DOCUMENTS in order of precedence as listed above. These form the Subcontract, and are as fully a part of this Subcontract Agreement as if attached to this Agreement or repeated herein. The Subcontract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

1.1 ALPINE has entered into a contract (the "Construction Agreement") with the Owner to perform the work for the each Project described in Addendums, which consist of the Construction Agreement, the Specifications and Drawings prepared by the Architect which are a part thereof any further documents referred to therein. The Subcontractor hereby agrees to furnish all necessary labor, material and/or equipment required, and perform all services and work necessary, to complete the portion of the Work and any performance reasonably inferable from it (the “Subcontract Work"), in accordance with the Contract Documents.

1.2 The Subcontractor agrees that it may not for any purpose assign this Subcontract or any of its rights to payment or duties hereunder without the prior written consent of ALPINE.

1.3 The Subcontractor represents and warrants that the Subcontractor Work shall be subject to any warranty provided with respect to that portion of the Work in the Contract Documents. The Subcontractor agrees to repair and replace at its own expense and promptly at the discretion of ALPINE any defects in workmanship or materials which appear within one year after the date of the final payment for the Project by the Owner to ALPINE or within any longer period specified in the Contract Documents

1.4 Provide on the Project site a competent and experienced superintendent with full authority to accept the directions of ALPINE and Architect/Engineer/Owner and to act in all respects on behalf of the Subcontractor.

1.5 Inspect any surfaces to be covered by its material and notify ALPINE in writing if any areas are not acceptable. If the Subcontractor proceeds without such notification, any defects which subsequently appear are the Subcontractor's responsibility as to repairs, replacements and costs in connection therewith.

1.6 Deliver to ALPINE within Ten days after the date of this Subcontract all shop drawings, samples and details as required: provide no less than five prints of each shop drawing, five copies of each brochure, cut and other literature and two specimens of each sample OR any greater quantity of each as stipulated in the Contract Documents.

1.7 Prior to the application for final payment submit to ALPINE one completed set of "as built" drawings in sepia form along with three books in binder form containing all warranties, guarantees, statements of application, operating instructions, manufacturer's data and brochures, certificates and reports and any other documents and/or literature that may be required by the Contract Documents or directed by ALPINE.

2. TIME OF COMPLETION

2.1 The Subcontractor will man the job with a specified number of men per working day and it should take approximately the specified time total to complete the scope of Work. The Subcontractor is responsible for attending coordination and scheduling meeting as necessary through the duration of the project.

2.2 The Subcontractor shall commence the Work when notified to do so by ALPINE and shall diligently and continuously prosecute and complete the Work and coordinate the Work with the other work being performed on the Project, in accordance with the project schedule, any revisions to the project schedule, and any other scheduling requirements listed in this Agreement, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole in any part of the Work or other work on the Project.

2.3 Should the progress of the Work or the Project be delayed by any fault or neglect or act or failure to act of the Subcontractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to ALPINE or to the Owner or any damages or additional costs or expenses for which ALPINE or the Owner may or shall become liable, the Subcontractor shall and does hereby agree to compensate ALPINE and the Owner for and indemnify them against all such costs, expenses, damages and liability.

2.4 ALPINE, if it deems necessary, may direct the Subcontractor to work overtime and if so directed the Subcontractor shall work said overtime and, provided that the Subcontractor is not in default under any of the terms or provisions of this Agreement or of any of the other Contract Documents, ALPINE will pay the Subcontractor for such actual additional wages paid, if any, at rates which have been approved by ALPINE, plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Subcontractor.

2.5 If, however, the progress of the Work or of the Project be delayed by any fault or neglect or act or failure to act of the Subcontractor or any of its officers, agents, servants, employees, subcontractors, or suppliers, then the Subcontractor shall, in addition to all of the other obligations imposed by this Agreement upon the Subcontractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Subcontractor fail to make up for the time lost by reason of such delay, ALPINE shall have the right to cause other subcontractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne by the Subcontractor.

3. PRICE

3.1 The sum __________________ to be paid by ALPINE out of funds received from the owner, to the Subcontractor for the satisfactory performance and completion of the Work and of all of the duties, obligations and responsibilities of the Subcontractor under this Agreement and the other Contract Documents (hereinafter called the Price) shall be subject to addition and deductions as herein provided.

3.2 The price includes all Federal, State, County, Municipal, and other taxes imposed by law and based upon labor, services, materials, equipment or other items acquired, performed, furnished or used for or in connection with the Work, including but not limited to sales, use and personal property taxes payable by or levied or assessed against the Owner, ALPINE or the Subcontractor. Where the law requires any such taxes to be stated and charged separately, the total price of all items included in the Work plus the amount of such taxes shall not exceed the Price.

3.3 The price for each individual project shall be set forth in an addendum, signed by ALPINE and SUBCONTRACTOR for an agreed amount.

4. PAYMENT SCHEDULE

4.1 All agreements will be determined in writing on a per project basis.

4.2 All invoices must be received by ALPINE once project is completed. The invoices must be received by Wednesday before the close of business (4:00 p.m), at least 1 week prior to the Friday SUBCONTRACTOR wishes to be paid. If the invoice is not received at the specified time subcontractors will not be paid until the following check run takes place. In addition, each subcontractor is only allowed to bill for work completed. All required documents must be received by ALPINE prior to any start of project, and must remain current at all times. The required documents include but are not limited to certificate of insurance, certified payrolls, W-9 Form, Business Registration Certificate, Public Works Certificate (if needed) Partial/Final waiver of lien. Etc. All back charges will be held immediately against the first unpaid invoice. SUBCONTRACTOR is NOT allowed to use Alpine’s office staff or equipment to conduct his administrative duties. Checks will be ready for pickup on Friday’s or at the accounting dept’s discretion, no exceptions.

4.3 The obligation of ALPINE to make a payment under this Agreement, whether a progress or final payment, or for extras or change orders or Delays to the Work, is subject to the express condition precedent of payment therefore by the Owner. If ALPINE had provided payment or performance bonds, or a combination payment and performance bonds, the obligation of ALPINE and its surety under any of those bonds to make any payment (whether a progress payment of final payment) to a claimant on that bond is similarly subject to the express condition precedent of payment therefore by the Owner.

4.4 The Subcontractor agrees that, if and when requested to do so by ALPINE, it shall furnish such information, evidence and substantiation as ALPINE may require with respect to the nature and extent of all obligations incurred by the Subcontractor for or in connection with the Work, all payments made by the Subcontractor thereon, and the amounts remaining unpaid, to whom and the reasons there-for.

5. FINAL PAYMENT

5.1 Final payment to the Subcontractor shall be made only with funds received by ALPINE from the Owner, the Construction Lender or the Owners Agent as final payment for work under the general contract. Final payment to ALPINE by the Owner shall be an express condition precedent, which must occur before ALPINE shall be obligated to make final payment to the Subcontractor. In addition, final payment by ALPINE to the Subcontractor shall not become due and payable until the following other express condition precedent have been met: (1) the completion and acceptance of the Work by ALPINE and the Architect/Owner; (2) provision by the Subcontractor of evidence satisfactory to ALPINE that there are no claims, obligations, or liens outstanding or unsatisfied for labor, services, materials, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work; (3) execution and delivery by the Subcontractor, in a form satisfactory to ALPINE, of a one year Warranty for workmanship and materials, or as described in the specifications, whichever is more stringent; and (4) execution and delivery by the Subcontractor, in a form satisfactory to ALPINE, of a General Release running to and in favor of ALPINE and the Owner. Should there prove to be any such claim, obligation or lien after final payment is made, the Subcontractor shall refund to ALPINE all moneys that ALPINE and/or the Owner shall pay in satisfying, discharging or defending against any such claim, obligation, or lien or any action brought or judgment recovered thereon and all costs and expenses, including legal fees and disbursements, incurred in connection therewith. The final payment, less the percent retainage as specified in the Construction Agreement, shall be due within forty (40) days after all of these express conditions precedent have been met.

5.2 No payment (final or otherwise) made under or in connection with this Agreement shall be conclusive evidence of the performance of the Work or of this Agreement, in whole or in part, and no such payment shall be construed to be an acceptance of defective, faulty or improper work or materials nor shall it release the Subcontractor from any of its obligations under this Agreement: nor shall entrance and use by the Owner constitute acceptance of the Work or any part thereof.

6. CHANGE ORDERS, ADDITIONS, AND DEDUCTIONS

6.1 ALPINE reserves the right, from time to time, whether the Work or any part thereon shall not have been completed, to make changes, additions and/or omissions in the Work as it may deem necessary, upon written order to the Subcontractor. The value of the work to be changed, added or omitted shall be stated in said written order and shall be added to or deducted from the Price.

6.2 The value of the work to be changed, added or omitted shall be determined by the lump sum or unit prices, if any, stipulated herein for such work. If no such prices are stipulated, such value shall be determined by whichever of the following, methods or combination thereof ALPINE may elect:

(a) By adding or deducting a lump sum or an amount determined by a unit price agreed upon between the parties hereto.

(b) By adding (1) the actual net cost to the Subcontractor of labor in accordance with the established rates, including required union benefits, premiums the Subcontractor is required to pay for workmen's compensation and liability insurance, and payroll taxes on such labor, (2) the actual cost to the Subcontractor of materials and equipment and such other direct costs as may be approved by ALPINE, less all savings, discounts, rebates and credits, (3) an allowance of 10% for overhead on items (1) and (2) above, and (4) an allowance of 5% for profit on items (1), (2) and (3) above.

(c) Should the parties hereto be unable to agree as to the value of the work to be changed, added or omitted, the Subcontractor shall proceed with the work promptly under the written order of ALPINE from which order the stated value of the work shall be omitted, and the determination of the value of the work shall be referred to the Architect whose decision shall be final and binding upon the parties hereto.

6.3 All changes, additions or omissions in the Work ordered in writing by ALPINE shall be deemed to be a part of the Work there-under and shall be performed and furnished in strict accordance with all of the terms and provisions of this Agreement and the other Contract Documents.

7. LOSS OR DAMAGE TO WORK

7.1 ALPINE shall not be responsible for any loss or damage to the Work to be performed and furnished under this Agreement, however caused, until after final acceptance thereof by ALPINE and the Architect, nor shall ALPINE be responsible for loss or damage to materials, tools, equipment, applicants or other personal property owned, rented or used by the Subcontractor or anyone employed by it in the performance of the Work, however caused.

8. CLEANING-UP

8.1 The Subcontractor shall, at its own cost and expense, (1) keep the Premises free at all times from all waste materials, packaging materials and other rubbish accumulated in connection with the execution of its Work by collecting and depositing said materials and rubbish in locations or containers as designated by ALPINE from which it shall be removed by ALPINE from the Premises without charge, (2) clean and remove from its own Work and from all contiguous work of others any soiling, staining, mortar, plaster, concrete or dirt caused by the execution of its Work and make good all defects resulting there-from (3) at the completion of its Work in each area, perform such cleaning as may be required to leave the area "broom clean" and (4) at the entire completion of its Work remove all of its tools, equipment, scaffolds, shanties and surplus materials. Should the Subcontractor fail to perform any of the foregoing to Alpine’s satisfaction, ALPINE shall have the right to perform and complete such work itself or through others and charge the cost thereof to the Subcontractor.

9. ACCIDENT PREVENTION

9.1 The Subcontractor agrees that the prevention of accidents to workmen engaged upon or in the vicinity of the Work is its responsibility. The Subcontractor agrees to comply with all Federal, State, Municipal and local laws, ordinances, rules, regulations, codes, standards, orders, notices and requirements concerning safety as shall be applicable to the Work, including, among others, the Federal Occupational Safety and Health Act of 1970 (OSHA), as amended, and all standards, rules, regulations and orders which have been or shall be adopted or issued there-under, and with the safety standards established during the progress of the Work by ALPINE. When so ordered, the Subcontractor shall stop any part of the Work which ALPINE deems unsafe until corrective measures satisfactory to ALPINE have been taken, and the Subcontractor agrees that it shall not have any claim for damages growing out of such stoppages. Should the Subcontractor neglect to take such corrective measures, ALPINE, may do so at the cost and expense of the Subcontractor and may deduct the cost thereof from any payments due or become due to the Subcontractor. Failure on the part of ALPINE to stop unsafe practices shall in no way relieve the Subcontractor of its responsibility there-for.

9.2 All work to be executed in strict accordance with ALL applicable safety regulations as published in the Code of Federal Regulations and administered by OSHA, especially fall protection, reparatory protection, confined space, lead health and safety, scaffold work, and hazard communication.

9.3 All materials and/or equipment used must be approved for use by OSHA construction and general industry standards.

9.4 Any violations and fines received by the Subcontractor or Alpine for and work covered in the scope of this agreement will be paid by the Subcontractor.

10. CONTRACTOR'S SPECIAL REMEDIES FOR BREACH

10.1 It is understood that this agreement is for only one part of an overall job for which ALPINE had total responsibility, and any failure of Subcontractor to diligently and properly perform his part of the job could seriously disrupt and impair the whole job. Those circumstances relate not only to the work itself, but to details such as insurance and Section 2 for whose enforcement ALPINE may be under obligation to Owner or others and whose breach might impair the whole General Contact or financing of the job. In recognition of the resulting importance of Subcontractor's strictly complying with all his duties under this agreement: ALPINE may rescind this agreement, discharge Subcontractor from the job, and replace Subcontractor with another upon: Three days notice to correct what ALPINE deems, in Alpine’s expert discretion, a failure by Subcontractor to diligently pursue schedule of the Work, or Three days notice to correct what ALPINE deems, in Alpine’s expert discretion, a performance which is defective. Or One day notice to correct omissions of obligations under INSURANCE: or Reasonable notice in the circumstances for correction of any other breach: and Subcontractor's having failed upon expiration of such time to fully resolve the matter(s) which motivated the notice.

10.2 Such notice may be made by telephone if confirmed by same-day mailing of written notice. If Subcontractor fails to take a telephone call from the number indicated for him on Page 1, the notice period shall commence two days after the first class mailing or mailgram is dispatched to Subcontractor's address. If Subcontractor has any employee on the job, notice will be effective by giving it in writing to such employee. Remedies under this Section are additional to those which are generally available under law.

11. TERMINATION OF AGREEMENT

11.1 ALPINE shall have the right at any time by written notice to the Subcontractor, to terminate this Agreement and require the Subcontractor to cease work there-under, in which case, provided the Subcontractor be not then in default, ALPINE shall indemnify the Subcontractor against any damage directly resulting from such termination, except that the Subcontractor shall not be entitled to anticipated profits on work unperformed or on materials or equipment unfurnished.

12. INSURANCE

12.1 Before commencing the Work, the Subcontractor shall procure and maintain, at its own expense, until completion and final acceptance of the Work at least the following insurance from insurance companies satisfactory to ALPINE.

1. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE: in accordance with laws of the State in which the Work is situated.

2. COMPREHENSIVE GENERAL LIABILITY INSURANCE INCLUDING COMPLETED OPERATIONS, CONTRACTUAL LIABILITY INSURANCE AGAINST THE LIABILITY ASSUMED HEREIN ABOVE, and including CONTRACTORS' PROTECTIVE LIABILITY INSURANCE if the Subcontractor sublets to another all or any portion of the Work.

Combined Single Limit $1,000,000

3. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE covering all owned, non-owned and hired automobiles used in connection with the Work, with the following limits:

Bodily Injury (including death) $1,000,000 Combined Single Limit and Property Damage

12.2 Before commencing the work, the Subcontractor shall furnish a certificate, satisfactory to ALPINE, from each insurance company showing that the above insurance is in force, stating policy numbers, dates of expiration, and limits of liability there-under, and further providing that the insurance will not be canceled or changed until the expiration of at least thirty (30) days after written notice of such cancellation or change has been mailed to and received by Scaturro Bros., Inc. t/a Alpine Painting & Sandblasting Contractors shall be named as an additional insured under these policies of insurance.

13. INDEMNIFICATION

13.1 The Subcontractor hereby exculpates and agrees to indemnify and hold harmless ALPINE and its officers, directors, agents, representatives, employees, successors and assigns from and against any and all claims, losses, damages, liabilities and the like, including reasonable counsel fees which ALPINE may incur, suffer, sustain or be required to pay by reason of the injury or death of any person or the damage to any property whatsoever, caused or alleged to have been caused by any act or omission of the Subcontractor or any of its suppliers or subcontractors, or the employees, agents or representatives of the Subcontractor or any of its suppliers or subcontractors, arising out of or in any manner connected with the performance of the subcontract Work whether or not caused in whole or in part by any act, omission or negligence of ALPINE, its officers, agents, representatives or employees.

13.2 The Subcontractor agrees to indemnify ALPINE and its surety from and against any and all actions, suits, proceedings, claims or demands arising out of or alleged to have arisen out of the performance of or the operations under this Subcontract. In the event any action, suit or proceeding is instituted against ALPINE or its surety upon any liability of defect arising out of or alleged to have arisen out of the performance of or the operations under the Subcontract, or in the event of any claim, counterclaim, setoff, re-coupment or other defense is made or asserted against ALPINE upon any liability or defect arising out or alleged to have arisen out of the performance of or the operations under this Subcontract, ALPINE shall, within thirty (30) days, give notice in writing thereof to the Subcontractor which, at its own cost and expense, shall defend against such action, suit, proceeding, claim, counterclaim, setoff re-coupment or other defense and take all such steps as ALPINE may deem necessary to prevent the obtaining of judgment against or the. Successful maintenance of such claim, counterclaim, setoff, recoupment or other defense against ALPINE. Notwithstanding the foregoing, ALPINE shall be permitted to be represented by its own counsel should ALPINE so desire.

13.3 The Subcontractor warrants that the delivery, erection and use of material supplied or erected under this Subcontract, either alone or in combination with other materials, do not and will not infringe upon any patents, United States or foreign. The Subcontractor shall indemnify and save harmless ALPINE and the Owner against all damages which they or either of them, may sustain by reason of claims for infringement or patents or trademarks arising out of the Subcontract Work, or by reason of the use of any patented appliances, products or processes in connection with the Subcontract Work. The Subcontractor shall, at the sole expense of the Subcontractor, defend any action brought against ALPINE and the Owner, or either of them, found upon a claim of infringements of patent rights, and shall reimburse ALPINE and the Owner, or either of them, for all expenses, including reasonable counsel fees, incurred by ALPINE and the Owner, or either of them, in defending any action brought for such alleged infringement. ALPINE and the Owner shall each be permitted to be represented by their own counsel in any such or action should they, I or either of them, so desire.

13.4 In the event any action, suit, proceeding, claim or demand is made against ALPINE, its surety, officers, directors, agents, representatives, employees, successors or assigns against which the Subcontractor has herein agreed to indemnify ALPINE, then ALPINE may withhold from any payment due or hereafter to become due to the Subcontractor hereunder, an amount sufficient in its sole judgment to protect it from such action, suit, proceeding, claim or demand, together with legal fees and disbursements.

14. BONDS

14.1 If required, the Subcontractor shall furnish to ALPINE separate performance and payment bonds on the amounts of one hundred percent (100%) of the Subcontract price, the form and contents of such bonds and the Sure or Sureties thereon to be satisfactory to ALPINE.

15. SEVERABILITY

15.1 In the event that any provision or any part of a provision of this Agreement shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality or enforceability of the remaining provisions or parts of provisions of this Agreement, which shall remain in full force and effect as if the unenforceable provision or part deleted.

16. SIGNING

16.1 The individual(s) signing on behalf of the Subcontractor personally represents that the Subcontractor is a corporation - partnership, - individual proprietorship in good standing in New Jersey and that he has full authorization to bind it to this Contract.

17. ENTIRE AGREEMENT

17.1 This agreement constitutes the entire ANNUAL agreement between the parties hereto. No oral representations or other agreements have been made to ALPINE except as stated in the Agreement. This Agreement may not be changed in any way except as herein provided, and no intention or provision hereof may be waived by ALPINE except in writing signed by its duly authorized officer or agent.

The said parties, for themselves, their heirs, executors, administrators, successor and assigns, do hereby agree to the full performance of all the terms and provisions herein contained. IN WITNESS WHEREOF the parties to these presents have hereunto set their hands as of the day and year first above written.

Addendum #1

Re: Revision to Original Payment Schedule

As of April 1st, 2002 Alpine Painting has instituted an addition to the previous payment schedule for all of its subcontractors for the benefit of both of our firms. The revised plan will be implemented, so that each subcontractor will be paid timely for the work that they complete.

All Subcontractor’s will be paid according to original payment schedule with the following exceptions.

a. All Subcontractors will be paid on a biweekly basis.

b. All Subcontractors must send in their paperwork to the office before payment due date, to ensure enough payables in the system to cover payment request.

c. No Subcontractor will be paid for last minute invoicing. No exceptions.

d. All Subcontractors will be required to hand in a written proposal, to be signed by both parties before the start work.

e. All Subcontractor’s must sign an annual contract with Alpine Painting.

Addendum #2

NAME & LOCATION OF JOBSITE: Any and all Job Sites requiring the payment of Prevailing Wage Rates to all workers

This addendum is to clarify that the subcontractor named above, understands and agrees to the requirements set forth by any and all public works projects on payments of prevailing wage benefits to all of its employees working on such prevailing wage projects

The employer/subcontractor understands that it is their sole responsibility to follow the guidelines of the prevailing wage labor laws of the state in which the project is located, and that Alpine Painting will NOT be held liable for any and all claims arising from the negligence of such subcontractor.

Addendum #3

Effective 04/01/2013

A 10% Retainage will be held on all jobs and payment will only be released to subcontractor upon payment received by Alpine from contractor

The Subcontractor also agrees that if any claims arise due to the subcontractor’s negligence to obey the prevailing wage laws set forth, Alpine Painting will have full authority to withhold such amount from subcontractor’s contract to pay such claims and penalties that arises from its negligence including attorney’s fees and court costs.

18. PERSONS AUTHORIZED TO MAKE BINDING AGREEMENTS

1. Benjamin Scaturro, President, Alpine Painting & Sandblasting Contractors

2. Stephen Scaturro, Vice President, Alpine Painting & Sandblasting Contractors

1. __________________________________________ Subcontractor

2. __________________________________________ Subcontractor

3. __________________________________________ Subcontractor

Name Title

Alpine Painting & Sandblasting Contractors (sub name) __________________________

Date ______________________________ Date ________________________

Signature ______________________________ Signature ________________________

Name ______________________________ Name ________________________

Title ______________________________ Title ________________________

Subcontractor Fed. Id#: ______________

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