Common use of Termination; Merger Clause in Contracts

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 11 contracts

Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc), Ooma Inc

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Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 11 contracts

Samples: Industrial Lease (Tenaya Therapeutics, Inc.), Industrial Lease (CAPSTONE TURBINE Corp), Lease (Clean Energy Fuels Corp.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 4 contracts

Samples: Lease (Neos Therapeutics, Inc.), Lease (Neos Therapeutics, Inc.), Purchase and Sale Agreement (Applied Films Corp)

Termination; Merger. Unless specifically stated otherwise in writing ------------------- by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 4 contracts

Samples: Lease (Kyphon Inc), Lease Agreement (Asd Systems Inc), Lease (Kyphon Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premisesdemised premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Industrial Lease (Excaliber Enterprises, Ltd.), Omneon Video Networks, Inc., Industrial Lease (Capstone Turbine Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies or sub-subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Lease (Globeimmune Inc), Lease (Globeimmune Inc), Lease (Replidyne Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by TenantXxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premisesdemised premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s Xxxxxxxx's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Fortunet, Inc., Fortunet, Inc.

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Lease Agreement (iPower Inc.), Lease Agreement (iPower Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Cue Health Inc., Cue Health Inc.

Termination; Merger. Unless specifically stated otherwise in ------------------- writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Lease (Adaptive Broadband Corp), Sonicwall Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Suntek Corp, Second Lease Extension and Modification Agreement (Headhunter Net Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Lease (Extend Health Inc), Extend Health Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: SBS Technologies Inc, SBS Technologies Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach a Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease (Therma Wave Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach violation of any term or provision hereof by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commercial Lease (Bourbon Brothers Holding Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Office Lease (Vickers Vantage Corp. I)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however. However, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenanciessub-tenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Touchstone Applied Science Associates Inc /Ny/

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s failure failure, within ten twenty (1020) days of following any such event event, to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease Agreement (BioTrove, Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; : provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Multi Tenant Lease (Zynex Medical Holdings Inc)

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Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the The voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Sport Chalet Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Wavesplitter Technologies Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.. MULTI-TENANT - MODIFIED NET Eight-L 1993 —19— Initials /

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this thus Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, ; have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any 'such lesser interest, interest shall constitute Landlord’s 's election to have leave such event constitute the termination of such interest.

Appears in 1 contract

Samples: Singing Machine Co Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Apria Healthcare Group Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) * days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease (Frontier Airlines Inc /Co/)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Immucor Inc

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by TenantTxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. LandlordLxxxxxxx’s failure within ten (10) I 0 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.. Multi-Tenant Lease – PLx Pharma Inc.

Appears in 1 contract

Samples: PLX Pharma Inc.

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Xos, Inc.

Termination; Merger. Unless specifically stated otherwise in writing by LandlordXxxxxxxx, the voluntary or other surrender of this Lease by TenantXxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, provided that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s Xxxxxxxx's failure within ten (10) 30 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: covinaca.gov

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the The voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Diamond Entertainment Corp

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by TenantXxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commercial Lease Agreement (Aytu Biopharma, Inc)

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