Common use of Enforcement Costs Clause in Contracts

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 74 contracts

Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Neogenomics Inc), Common Stock Purchase Agreement (Hemispherx Biopharma Inc)

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Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 30 contracts

Samples: Purchase Agreement Purchase Agreement (Us Geothermal Inc), Purchase Agreement (Juhl Wind, Inc), Purchase Agreement Purchase Agreement (Sauer Energy, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 30 contracts

Samples: Strata Purchase Agreement (Clean Vision Corp), Strata Purchase Agreement (Foxo Technologies Inc.), Strata Purchase Agreement (Specificity, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) subject to Section 9, an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 20 contracts

Samples: Purchase Agreement (Workhorse Group Inc.), Purchase Agreement (Enveric Biosciences, Inc.), Purchase Agreement (Enveric Biosciences, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 18 contracts

Samples: Purchase Agreement (iBio, Inc.), Purchase Agreement (Idera Pharmaceuticals, Inc.), Purchase Agreement (Actinium Pharmaceuticals, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 13 contracts

Samples: Purchase Agreement (Phunware, Inc.), Purchase Agreement (Leet Technology Inc.), Purchase Agreement (Moleculin Biotech, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 11 contracts

Samples: Common Stock Purchase Agreement (Beacon Power Corp), Common Stock Purchase Agreement (Calypte Biomedical Corp), Common Stock Purchase Agreement (Geovax Labs, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 10 contracts

Samples: Purchase Agreement (Ocuphire Pharma, Inc.), Purchase Agreement (Cybin Inc.), Purchase Agreement (Cingulate Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 4 contracts

Samples: Purchase Agreement (Green Earth Technologies Inc), Purchase Agreement (Regenerx Biopharmaceuticals Inc), Disclosure Schedules (Next 1 Interactive, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company Operating Partnership and the Company, jointly and severally, shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewiththerewith to the party incurring such costs and expenses, as incurred, in addition to all other amounts due hereunder.

Appears in 3 contracts

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.), Purchase Agreement (Ashford Hospitality Trust Inc), Purchase Agreement (Ashford Hospitality Trust Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of subparagraphs “i” and “iii” Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Aksys LTD), Common Stock Purchase Agreement (MultiCell Technologies, Inc.), Common Stock Purchase Agreement (MultiCell Technologies, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) iii an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Celsius Holdings, Inc.), Common Stock Purchase Agreement (Typhoon Touch Technologies, Inc.), Common Stock Purchase Agreement (Xsunx Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer ------------------ in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Golden Phoenix Minerals Inc /Mn/), Exhibit 99 (Paving Stone Corp)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of subparagraphs "i" and "iii" Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Hemispherx Biopharma Inc), Copy Common Stock Purchase Agreement (Hemispherx Biopharma Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Subscriber in the hands of an attorney for enforcement or is enforced by the Buyer Subscriber through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Subscriber in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Subscriber in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerSubscriber, as incurred by the BuyerSubscriber, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement (Rvue Holdings, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Buyers in the hands of an attorney for enforcement or is enforced by the Buyer Buyers through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Buyers in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Buyers in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerBuyers, as incurred by the BuyerBuyers, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, as incurred, in addition to all other amounts due hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Costas Inc), Purchase Agreement (Lithium Corp)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership receivership, or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (iBio, Inc.), Purchase Agreement (Tenon Medical, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company and the Issuer shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Securities Subscription Agreement (Insignia Solutions PLC)

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Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' creditor's rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' attorney's fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Bigmar Inc)

Enforcement Costs. If: (i) this Agreement Amendment is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this AgreementAmendment; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this AgreementAmendment, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Galaxy Next Generation, Inc.)

Enforcement Costs. If: (iIf(i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Usurf America Inc)

Enforcement Costs. If: (i) this Agreement Amendment is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this AgreementAmendment; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this AgreementAmendment, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Galaxy Next Generation, Inc.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in ----------------- the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Universe2u Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in ------------------ the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Isecuretrac Corp)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer any Investor in the hands of an attorney for enforcement or is enforced by the Buyer any Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer any Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer any Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyersuch Investor, as incurred by the Buyersuch Investor, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Purchase Agreement (xG TECHNOLOGY, INC.)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with arising out of entering into, performance under or enforcement of, this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Unigene Laboratories Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Buyers in the hands of an attorney for enforcement or is enforced by the Buyer Buyers through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Buyers in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Buyers in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerBuyers, as incurred by the BuyerBuyers, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kma Global Solutions International Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder. Notwithstanding the foregoing, in the case of clauses (i) and (iii) above, the Buyer shall not be entitled to such reasonable costs and expenses unless the Buyer is the prevailing party.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Xethanol Corp)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer in the hands of an attorney for enforcement or is enforced by the Buyer through any legal proceeding; or (ii) an attorney is retained to represent the Buyer in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer in any other proceedings whatsoever in connection with arising out of entering into, performance under or enforcement of, this Agreement, then the Company shall pay to the Buyer, as incurred by the Buyer, all reasonable costs and expenses including attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Unigene Laboratories Inc)

Enforcement Costs. If: (i) this Agreement is placed by the Buyer Investor in the hands of an attorney for enforcement or is enforced by the Buyer Investor through any legal proceeding; or (ii) an attorney is retained to represent the Buyer Investor in any bankruptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Agreement; or (iii) an attorney is retained to represent the Buyer Investor in any other proceedings whatsoever in connection with this Agreement, then the Company shall pay to the BuyerInvestor, as incurred by the BuyerInvestor, all reasonable costs and expenses including reasonable attorneys' fees incurred in connection therewith, in addition to all other amounts due hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Vision Sciences Inc /De/)

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