2019 Cooled Semen Equine Breeding Contract with Live Foal Guarantee

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1 Phone / Texts: info@tophatfriesians.com Address: Jorge & Melissa Alvarez, PO Box 1722, Jupiter, FL Cooled Semen Equine Breeding Contract with Live Foal Guarantee This non-transferable Contract is effective this day of, 2019 by and between Top Hat Friesians & Barock Pintos, owned by Jorge and Melissa Alvarez ( Stallion Owner ) and Mare Owner ( Mare Owner ) indicated below for the Mare named below, ( the Mare ) for the 2019 Breeding Season that begins April 8, 2019 and ending on August 31, 2019 ( Term ) for breeding the Mare to Picasso s Masterpiece (Stallion ) under the Terms and Conditions provided herein. 1. MARE OWNER: Mare Owner s Name: Address: Phone: Primary: Alternate: Veterinarian s Name: Veterinarian s Address: Veterinarian s Phone: a) The Mare Owner may not assign or transfer this Agreement or any interest in this Agreement. 2. STALLION (the Stallion ). Stallion s Name: DNA: Registries: Picasso s Masterpiece Tt/Ee (Heterozygous Tobiano/Heterozygous Black, Red Carrier) ECHA-ESV Germany, Friesian Heritage Horse, Friesian Blood Horse Registry, Friesian Sporthorse Association. a) The Mare Owner shall have no right, title or interest in the Stallion except for the breeding rights expressly set forth in this Contract. b) The breeding season for the Stallion via cooled semen is April 8, 2019 to August 31, The Stallion will be available for collection Monday through Friday during the Term. We are closed on Sundays. We no longer accept orders for same day collections so plan ahead. c) Stallion Service will be provided to registered healthy mares of any breed in sound breeding condition, as determined by a licensed veterinarian. A breeding soundness exam is strongly recommended prior to shipping semen. If the Mare fails to settle after two cycles, Stallion Owner requires the Mare Owner to submit a culture and cytology report prior to any further semen shipments. Should the Mare become unsuitable for breeding Mare Owner can request to use a substitute mare owned or leased by the Mare Owner, prior to using any semen on said mare, by providing the mare s the complete information to the Stallion Owner for approval. Using a replacement mare does not extend the original terms of this Contract. d) Semen Ownership: All semen shipped pursuant to this Contract remains at all times the property of the Stallion Owner. e) Right of Refusal. Stallion Owner reserves the right to refuse sale of semen to any Mare Owner at its discretion and Stallion Owner is not required to provide a reason for the refusal to the Mare Owner. All mares bred to the Stallion must be approved by the Stallion Owner prior to the Mare Owner paying the stud fee. f) Submitting Contract to Stallion Owner: We do not breed the Stallion to unregistered mares. The Mare Owner shall return a copy of the Mare s registration papers and a full body photo showing conformation with a signed Contract (for each mare if breeding multiple mares) by to info@tophatfriesians.com before paying the stud fee(s). If the Mare is leased, a copy of the lease agreement must also be provided. Stallion Owner specifically denies any contractual liability to the original owner of the Mare. The Mare Owner must also call the same day to make sure the was received. 3. FEES: Stud Fee: $ USD The Stud Fee covers a maximum of 3 doses used over 3 heat cycles in the event that the Mare doesn t conceive on the first cycle. Picasso is very fertile, his semen ships very well, and most mares become pregnant on the first insemination. Multiple Mare Discount: Total Due: Subtract $ for each additional mare bred AFTER the first mare. A separate signed contract is needed for each additional mare. (First mare stud fee is $ , second mare s stud fee is $ etc. All mares must be owned by the same owner/owners.) We will provide the wire transfer information upon receipt of this signed contract. Checks must clear the bank prior to the Stallion being collected. Payment in full is required at the execution of the Contract. PayPal payments incur additional fees. a) Collection Fees: Mare owner is responsible for paying the Stallion Owner s veterinarian s $250 collection fee. Page 1 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

2 b) Shipping Fees: Mare owner is responsible for paying all shipping fees. c) Stallion Owner s Veterinarian is Dr. Erin Newkirk at Reid & Associates located at 1630 F Road, Loxahatchee, FL and phone number is (561) , (hereafter referred to as Stallion Owner s Veterinarian ) who handles all semen collection and shipping. The clinic requires the Mare Owner to have a credit card on file to cover these expenses. 4. MARE ( the Mare ): This Contract covers the following Mare and is nontransferable to other parties or to other mares: Mare s Registered Name: Barn Name: Breed: Registration #: Mare s Color, Markings & DNA (if tested): Age: Height: Breeding Status: Circle One Maiden (never been bred) Foaling (last foal s DOB: / / ) Barren (bred multiple times but never got in foal) Preferred Breeding Month: Mare s Registries: Preferred Registry for Foal: Mare s (or mare s foals) Performance Awards: 5. ASSUMED RISK: The Mare Owner assumes the risk of missed breeding opportunities due to problems with timing of the Mare s ovulation, the Mare s fertility, shipping or handling of the semen after it leaves Stallion Owner s Veterinarian s office. To reduce the chances of missing ovulation and incurring additional vet or stud fees, Stallion Owner suggests that the Mare Owner has their vet ultrasound the mare for follicle size prior to the collection and shipping of semen as close as possible to the Mare s ovulation. 6. PREGNANCY CHECKS: Mare Owner certifies that the attending veterinarian for this breeding is experienced in artificial insemination (AI), and practices equine reproduction as a regular part of their practice. Said Veterinarian must administer the fresh chilled semen within twenty-four (24) hours after receipt from the Stallion Owner s Veterinarian. Mare owners must confirm for pregnancy via ultrasound at 14 days after ovulation and again at days post ovulation. Stallion Owner recommends additional pregnancy checks at 28 day post-ovulation and 35 to 40 days post-ovulation. Mare owner must make the Stallion Owner aware of the results after each ultrasound. Should the Mare Owner fail to have a veterinarian examine the pregnancy at the above intervals, the Live Foal Guarantee will be null and void. 7. VACCINES AND WORMING: It is the Mare Owner s responsibility to have a veterinarian vaccinate the mare for Rhinopeumonitis (Equine Herpes Type 1) at 5, 7, and 9 months of pregnancy with a Pneumabort K + 1B vaccine by Zoetis and to give the mare their yearly shots including rabies one month prior to the Mare s due date in order to protect the foal and to follow a vet recommended worming schedule. Stallion Owner must be informed of the dates the vaccines are given. Failure to vaccinate voids the Live Foal Guarantee. 8. INSEMINATION / PREGNANCY CONFIRMATION FORM: This form must be completed and signed by the Mare Owner s Veterinarian and ed to the Stallion Owner 1) within five days after the Mare is confirmed in foal and 2) ed again within five days after the booster vaccinations are given before foaling and 3) within five days of the vet check after foaling. Mare Owner should retain a copy of this form for their records. Failure to return this form in the time frames stated in this paragraph will make the Live Foal Guarantee, Issuance of the Breeder s Certificate, Return Breeding Privilege, any potential Refunds, or Registration possibilities null and void. It is the Mare Owner s responsibility to follow up with the Stallion Owner to make sure the form was received in a timely manner as can be unpredictable. 9. LIVE FOAL GUARANTEE: The Mare owner will be given a Live Foal Guarantee which is defined as a newborn foal able to stand and nurse without assistance. Notification of loss either through absorption or death must be given to Stallion Owner within 5 days of loss by a licensed Veterinarian or the Live Foal Guarantee will be null and void. It is the Mare Owner s responsibility to assist in maintaining the pregnancy with regular veterinary checks. The Live Foal Guarantee is null and void if: the Mare Owner has neglected to give the appropriate examinations, shots, and notifications to the Stallion Owner as required within this Contract; if the mare is given any type of teratogenic drug during the pregnancy by any person, including but not limited to the mare owner or mare owner s veterinarian; if the Mare Owner fails to rebreed Mare during the acceptable return breeding period; if the Mare is bred to another stallion without written consent of Stallion Owner; if the Mare is substituted with another mare without written consent of the Stallion Owner; if the foal dies due to lack of supervision or proper facilities during the birthing process; if the foal dies due to any negligent act of the Mare Owner; if the Mare owner doesn t notify Stallion Owner if the mare fails to conceive, aborts or dies as defined in this Contract. 10. RETURN BREEDING PRIVILEGE: In the event that the mare does not become pregnant after three doses of semen have been shipped to be used in three of the Mare s heat cycles, Mare owner will receive ONE additional dose as a return breeding privilege for either the 2019 or 2020 breeding season as long as the Mare Owner has the attending veterinarian complete the Return Breeding Privilege form and Stallion Owner receives it within five days of the discovery of foal loss or the Mare 14 day ultrasound after insemination. Under no circumstances will this contract be extended past the end of the 2020 breeding season. There will be no return breeding privilege if the Mare changes ownership by being sold, given away, or changes ownership in any way, regardless of whether the new owner has or has not changed the Mare s registered paperwork into their name or if the Mare Owner fails to have her veterinarian complete the form and send it to the Stallion Owner within the allotted time frame. Page 2 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

3 11. RELEASE OF LIABILITY: The Mare Owner assumes all responsibility for the condition of the Contract Mare and shall bear all risk of loss or damage to the Contract Mare, whether by death, disease, injury, infection, or due to any unsuccessful attempt at conception or any reason otherwise, and agrees to hold Stallion Owner, it s employees, agents, or successors, harmless for any and all damages associated therewith or if the mare does not settle in foal. The Mare Owner agrees that there is normal risk and cost of doing business when breeding horses and shall further hold Stallion Owner harmless from any such claims whether ordinary, special, incidental or consequential. Stallion Owner cannot be held responsible in any way for any illness or injury to a mare or to any other horse due to breeding to Stallion nor for a mare s failure to conceive. 12. REPRESENTATION: Mare Owner hereby represents to Stallion Owner that all applicable Mare and personal information is true, complete and correct, including but not limited to that the registration papers submitted for the Contract Mare actually belong to the Contract Mare and pictures of the Contract Mare are of the mare to be bred and not another mare. 13. RESPONSIBILITY: For the avoidance of any doubt or misunderstanding, the Mare Owner agrees that the Stallion Owner s performance pursuant to this contract is also contingent upon Mare Owner s satisfactory compliance with all of the terms and conditions of this Contract. 14. CERTIFICATION. Mare Owner shall NOT have the authority to sell, assign or substitute the rights and privileges assigned herein without the prior written consent of Stallion Owner. Any attempt at doing so shall entitle Stallion Owner to terminate this Contract and releases Stallion Owner from obligations created herein. 15. ORDERING SEMEN / LATE FEES / CANCELLATION FEES: ALL requests for Fresh Chilled semen shipments must be made via TELEPHONE ONLY. To order call no later than 11:00 AM (EST) the day prior to collection/shipping with the exception of Monday collection requests which must be made by 11:00 AM (EST) on Saturday. Leave a message with your information and number if we don t answer. Mare Owner agrees to notify the Stallion Owner by telephone at when the mare is coming into heat. We no longer accept orders that come in for same day collections. Cancellations must be made no later than 12 noon the day before the scheduled collection to avoid cancellation fees. Monday collections must be cancelled by 12 noon on Saturday. If the Mare Owner orders semen and cancels the order after the Stallion collection has been completed, Mare Owner will still be charged the collection fee of $ by the Stallion Owner s Veterinarian and a $100 Cancellation Fee by the Stallion Owner. 16. SHIPPING: Semen will only be shipped to a licensed veterinarian s office. We will NOT ship semen to the Mare Owner nor do we allow Mare Owners to perform the AI themselves. All semen is shipped FedEx from Stallion Owner s Veterinarian and fees are charged to the Mare Owner s credit card at the shipper s current rates. Stallion Owner and Stallion Owner s Veterinarian only assumes responsibility of shipping semen in viable condition at the time of shipment and assumes no responsibility for loss of semen viability or associated expenses due to any delay in shipment, delay in airline schedules, or delay in courier services, weather conditions or any other conditions beyond Stallion Owners and Stallion Owner s Veterinarian s control. It is the Mare Owner s responsibility to insure shipments and file any claims with the shipper for lost or delayed shipments. The Stallion Owner s Veterinarian typically ships in a disposable box and the cost of that box is included in the $250 collection fee. The Stallion Owner s Veterinarian can ship in an Equitainer at the current rates if requested by the Mare Owner or if the shipping is from South Florida in the middle of the summer to another very hot location, or where FedEx delivery is imprecise. The Mare Owner is responsible for shipping the Equitainer back at their expense within 7 days of receipt. The Equitainer must be returned clean and undamaged. Unreturned or damaged Equitainers will be charged the current rates by the Stallion Owner s Veterinarian to the Mare Owner. Late return of Equitainers will be charged a per day late fee, after the 7 days, and are charged to Mare Owner s credit card. Any issues arising regarding the return of Equitainers will be resolved between the Stallion Owner s Veterinarian and the Mare Owner no exceptions. 17. DOSES: We make every effort to provide two doses of fresh cooled semen in a shipment when quantities suffice, yet in no way can guarantee the delivery of more than one dose of semen per mare. The Stud Fee entitles the Mare Owner to ONE dose of fresh chilled semen, which will be sent to the Mare Owner s veterinarian for use during ONE heat cycle of the Contract Mare and a maximum of 3 doses for the Term of this Contract used over 3 of the Mare s heat cycles if she doesn t become pregnant with the first insemination. 18. REFUNDS: In the event Stallion is unable to breed or send fresh semen due to sickness, injury, unwillingness to be collected, death, sale, or unavailability due to the Stallion s competition schedule, and the mare has not been bred, Mare Owner has the right to request a refund of the stud fee. If the Mare has already been breed once, even if she didn t get in foal, there will be no refunds of any fees. Any outstanding charges owed to Stallion Owner or Stallion Owner s Veterinarian must be paid prior to Stallion Owner issuing the stud fee refund and this Contract shall then become null and void. In the event of the Stallion s death prior to the delivery of a live Foal, the Live Foal Guarantee shall become null and void. 19. FOAL: a) Foal Status. Stallion owner provides no guarantee that foals will be born any particular color, build, height, or amount of feathering and hair or have any particular type of character or demeanor. b) Foal Classification: Barock Pintos are a Friesian x Warmblood cross only. Foal registration eligibility will follow the following guidelines. When the Stallion is bred to a Barock Pinto mare or a solid or pinto colored Warmblood mare the resulting foal is a Barock Pinto if the foal is born with a tobiano (pinto) coat color and a Part-Bred Friesian if the foal s coat is solid black. Warmbloods are: Hanoverian, Holsteiner, Oldenburg, Trakehner, Selle Français, Belgian Warmblood, Dutch Warmblood, Swiss Warmblood, Austrian Warmblood, Danish Warmblood, Finnish Warmblood and Swedish Warmblood. When bred to any other breed the resulting foal is a Part-Bred Friesian, not a Barock Pinto, even if its coat color is tobiano (pinto). Stallion Owner does not guarantee any specific registration with any given registry. c) Breeders Certificate: A Breeder s Certificate and registration paperwork will be issued when the Mare Owner notifies the Stallion Owner of the birth of the foal in writing within five days of the attending veterinarian s foal check. In order for the breeding certificate to be issued and the Right of Return to be valid, the Mare must be bred by a licensed veterinarian and the attached Insemination / Pregnancy Confirmation Form must be completed by the veterinarian and sent to the Stallion Owner. Page 3 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

4 20. WARRANTY: Stallion Owner hereby represents to the Mare Owner that any semen transported will be from the Stallion. The Stallion Owner and Stallion Owner s Veterinarian are not responsible for lost, delayed, or damaged semen and make no representations or warranties of any kind with respect to any semen furnished hereunder except that it is the Stallion s semen. STALLION OWNER AND STALLION OWNER S VETERINARIAN HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING OR RELATED TO THE TRANSPORTED SEMEN, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. No warranties, unless expressly stated herein, either express or implied, shall be granted with this Contract. 21. PROHIBITED: Using the semen for multiple pregnancies, splitting semen doses, freezing the semen for future use, embryo transfers, freezing embryos, destroying or disposing of semen, or using semen to re-breed the Mare once a Live Foal has been produced, inseminating mares other than the Contract Mare, whether by the Mare Owner s Veterinarian or any other person, are expressly outside the scope of this Contract and are prohibited under the Terms of this Contract. Mare Owner s Veterinarian must contact Stallion Owner regarding what to do with any unused semen. 22. CONTRACT ENDING: Purchased breedings must be used within the 2019 Term otherwise this contract becomes null and void on August 31, 2019 and no refunds shall be issued for any stud fees paid. If necessary, the Return Breeding Privilege (4 th Dose) may be used within the 2019 season or during the 2020 breeding season otherwise, the Return Breeding Privilege is forfeited on August 31, 2020 and this contract becomes null and void on and further semen will be shipped and no refunds shall be issued. 23. CHARGE BACKS: Mare Owner agrees not to contest any charges paid by credit card or via PayPal to Stallion Owner or to Stallion Owner s Veterinarian and made pursuant to this Contract on the basis that the Contract Mare failed to produce a live foal, or otherwise become pregnant, or for any other reason whatsoever. 24. WEBSITE: The Farm provides information about its horses and services on its website location on the internet at the URL The Farm bears no liability for any information displayed on the Website that is or may be out of date, incorrect, or inconsistent with any term of this Contract. Purchaser acknowledges and agrees that, notwithstanding any information the contrary displayed on the Website, the parties rights and obligations with respect to all matters contemplated by this Contract shall be absolutely governed by the terms stated herein. 25. INDEMNIFICATION. Mare Owner agrees to indemnify, release and hold harmless the Stallion Owner, its agents, employees and assigns, from any and all claims, demands, damages, actions, suits, attorney s fees and costs, obligations or liabilities of any kind, known or unknown, in any way related to or arising from the Contract Mare or the breeding or insemination of the Contract Mare. 26. FAILURE OF MARE OWNER. Failure of Mare Owner to adhere to the terms of this Contract will make this Contract, including the Live Foal Guarantee and Return Breeding Privilege, null and void, and no fees or monies will be refunded to the Mare Owner. 27. ENTIRE CONTRACT. This Contract supersedes all prior communications between the parties, whether oral or written, and constitutes the entire understanding of the parties with respect to the subject matter contained herein. 28. GOVERNING LAW, JURISDICTION. This Contract shall be governed by the laws of the State of Florida and shall be binding upon the parties hereto and their personal representatives. Mare Owner waives any objection or claim that any court actions have been brought in an inconvenient forum. Mare Owner agrees to pay all reasonable attorney fees, including Stallion Owner s legal fees, and other expenses related to Stallion Owner enforcing this Contract. 29. PAYMENTS: Wire Transfer: We will provide wire transfer information once we ve received a copy of the mare s registration papers and the signed contract. Online: Payments can be made through our website via credit cards or PayPal balances (additional PayPal usage fees will be incurred). Checks & Bank Money Orders: Make checks payable to Melissa Alvarez and mail it to Melissa Alvarez, C/O Top Hat Friesians, PO Box 1722, Jupiter, FL then send us an to info@tophatfriesians.com and let us know it s on the way so we can watch for it. IN WITNESS WHEREOF, as evidence of this contract, by their signature and seals below and intending to be legally bound hereby, the parties have entered into this Contract as of the date and year first written above. TOP HAT FRIESIANS & BAROCK PINTOS OWNERS: By: / (SEAL) Date: 2019 Jorge Alvarez Melissa Alvarez I, the undersigned Mare Owner, do hereby certify that I am the legal registered owner of the Contract Mare named herein, or the legal lessee of the Contract Mare and as such, have the legal and binding authority to enter into this Contract, as witnessed by my signature and legal seal. I also certify that I have read and understand all of the Terms of this Contract including but not limited to its shipping fees, all other fees, return breeding privilege, live foal guarantee and all other protocol and agree to abide by these Terms and submit the forms included as addendums to this Contract within the required time frames. I hereby represent that all of the information I ve submitted about the Mare is accurate and correct and belongs to the Contract Mare to be bred and not to any other Mare. MARE OWNER/ MARE OWNER: (Print name) (SEAL) Date: 2019 Signature Page 4 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

5 Phone / Text Messages: info@tophatfriesians.com This form must be completed and signed by the Mare Owner s Veterinarian and ed to the Stallion Owner 1) within five days after the Mare is confirmed in foal and 2) ed again within five days after the booster vaccinations are given before foaling and 3) within five days of the vet check after foaling. Mare Owner should retain a copy of this form for their records. Failure to return this form in the time frames stated in this paragraph will make the Live Foal Guarantee, Issuance of the Breeder s Certificate, Return Breeding Privilege, any potential Refunds, or Registration possibilities null and void. It is the Mare Owner s responsibility to follow up with the Stallion Owner to make sure the form was received in a timely manner as can be unpredictable. Stallion: Picasso s Masterpiece Mare Owner: Reg #:DE Breed: Barock Pinto Address: Mare: City, State, Zip: Reg #: Breed: Phone: PREGNANCY RECORD: List all Insemination dates and pregnancy results Insemination Date Ultrasound Date In Foal Not In Foal Veterinarian Signature VACCINATION RECORD: List all dates Type Vaccination Date Veterinarian Signature equine rhinopneumonitis 5 months 1. equine rhinopneumonitis 7 months 2. equine rhinopneumonitis 9 months 3. booster vaccinations given a month before foaling (list all vaccinations given): 4. DATE OF FOALING: DATE OF FOAL CHECK BY VET: I am a currently licensed veterinarian. I examined the above name mare on this date and found her to be in sound breeding condition. There is no indication that she would be unable to conceive or carry a foal to term. Prior to insemination she received normal immunizations and worming for broodmares in this area. I do hereby certify by my signature below that I inseminated the above mare with the doses of semen sent for the heat cycle within 24 hours of receipt. I also certify that I did not split any of the doses nor did I inseminate any other mare with the semen, nor did I allow any other person who might inseminate another mare, access to any of the semen sent for the mare indicated above. Once the mare was confirmed in foal, I certify that I vaccinated the mare as indicated in the second graph above. Veterinarian s Signature (SEAL) Date: 2019 Page 5 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

6 Phone / Text Messages: info@tophatfriesians.com In order to utilize the Return Breeding Privilege, if the Contract Mare has not settled (become and remained pregnant) after using the 3 semen doses allowed within the contract, Mare Owner may request a Return Breeding by submitting the Insemination /Pregnancy Confirmation Form as well as this Return Breeding Privilege Request Form. This form requires the foal loss or mare not settling in foal to be evidenced in a written statement by the attending licensed veterinarian within five days from the date of the 14 day ultrasound check after the third insemination or within five days of the death of the fetus/foal. The following information must be filled out completely: Date of Examination: by Identification of Contract Mare: Name of Contract Mare: Breed & Reg. No. Markings: Sire Registry and Registration #: Dam Registry and Registration #: Contract Mare Owner s Printed Name: Address: Phone: Fax: Please include an explanation for each item. Use the back of this form if additional space is needed or attach official notes/documents: 1. Confirmation that the Contract Mare did not settle : or 2. Confirmation that Contract Mare suffered a loss of pregnancy (include an explanation): or 3. Verification of death of the foal (with explanation and confirmation of autopsy with pertinent information including cause of death) and I confirm that the Contract Mare was properly cared for and monitored under my care during the period of foaling in a manner adequate to reasonably insure detection of and attention to any foaling difficulties. I confirm that the Contract Mare was kept in good physical and sound breeding condition throughout the Breeding Season. I confirm that I administered timely vaccinations including immunization for equine rhinopneumonitis to the Contract Mare during pregnancy. I confirm that the Contract Mare was dewormed regularly during pregnancy. I certify that such abortion or death did not result from any act or omission of the Mare Owner, or any other party subsequent to the Mare being confirmed in foal, and that all due care had been exercised and that said Mare has been afforded all reasonable protection. I hereby certify that I am a licensed veterinarian and hereby confirm that I examined the Contract Mare on the date above and she did not settle in foal or lost the pregnancy as stated above. Dated: Veterinarian's Signature: (SEAL) Printed Name: State & License #: Address: Phone: Fax: Any additional Notes: Page 6 of 6 Top Hat Friesians & Barock Pintos Breeding Contract Package

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