The second page of the notarization recites: I hereby certify that this document was signed in my Presence by Mr. Franz-Josef Kortm, of Kraillinger Strae 5, D-82131 Stockdorf, identified by his official identity card18, On its face the quoted acknowledgment appears to conform to the requirement that the demand be under oath. Webasto Series 20 Marine Sunroof. with tight radius corners and curved leading edge, dark solar privacy glass, Magna controls the day-to-day operations of WSI, and therefore controls access to WSI's records. width rollo sunshade. DONMAR SKYROOF Spoiler Sunroofs are backed 19. Size 20x34. Indeed, Magna argues, WAG's stated purpose is pretextual, since its true objective is to garner as much sensitive, proprietary information as it can to enable it to compete with WSI once the joint venture is dissolved. Under that Agreement, WAG is to provide technical support to WSI in accordance with certain license agreements, and Magna is to provide management services under a management agreement dated as of August 1, 1984 (Management Agreement).3 Under the Management Agreement, Magna has been exercising day-to-day control over WSI's operations, and is presently exercising control over WSI's position in this litigation.4 But, and as WSI (Magna) concedes in its brief, for the last fifteen years WAG, through its director-designees, has participate[d] in decision making regarding the operation, strategy and financial condition of WSI.5 The record shows that significant financial and other information has been routinely furnished to WAG and Magna. After several sample tests during production, the quality of the components is checked again at the end of the line. A clear view of the sky, pleasant shading for sun protection or more privacy: Webasto is the pioneer among automotive suppliers for switchable glazing in panoramic roofs. General terms of sale and delivery of the Webasto SE. We still have some repair parts available. lighted switch and versatile quick-fit trim bezel (can be wrapped). Innovative design and quality manufacturing combine to create a beautiful and practical sunroof. C. 273 to discontinue WSI (the Section 273 action), in which WAG has proposed a plan of discontinuance and a distribution of WSI's assets.6 The Section 273 action is being actively prosecuted. Op. As an global innovative systems partner, Webasto supplies almost all automobile manufacturers with panorama, sunroofs and convertible roofs, thermo systems and charging solutions together with battery systems for installation as original equipment in vehicles. Webasto Car Sunroofs Delhi A Clear View of the Sky H100 POP-UP MANUAL SUNROOF H300 NSG TROPIC SUNROOF. 4. . Accordingly, the only real issue to be decided in connection with Kortm's inspection right is whether that right is properly subjected to one or more of the conditions that WSI (Magna) seeks to impose. *On Orders Over $99; Not including: Hazardous, Oversize. This action involves two separate inspection claims: Kortm's claim for inspection in his capacity as a WSI director, and WAG's claim for inspection as one of WSI's two 50% stockholders. (Sport Spoiler) is Specifically, in its response to the demand letter, Magna imposed the following restrictions on Mr. Kortm's inspection: a requirement that other persons who will assist in the inspection be identified at least three business days in advance; a limitation on other participants to only those persons who represent you personally in such capacity, and who do not have any other interest or representation which may conflict with the interests of WSI ; a requirement that Kortm sign a confirmation that he would be inspecting and using WSI documents only in his capacity as a WSI director, and that any other person who assists in the inspection sign a similar confirmation; and, an agreement that, by inspecting the documents, Mr. Kortm would not disclose the information to any third parties, including any competitor or potential competitor, and WAG itself.12. is To ensure top-quality standards, Webasto roof systems undergo elaborate testing procedures. Each Hollandia 700-III Entry Sunroof matches the look and finish of the vehicle's exterior and blends into the . Learn more about FindLaws newsletters, including our terms of use and privacy policy. CRANKCASE VENT CDR VALVE FOR E-250 E-350 F-350 F-250 F SUPER DUTY E3TZ-6A665-A (#363127691382). Our roofs are exclusively for original equipment by an automotive manufacturer. It is a special bonding process in which the visible surface can be fully influenced. In order for the glass to sit flush against the roof, there is usually no exterior gasket to block water from dripping down along the outside edges of the sunroof. Op. We still have some repair parts available. roller shade, full wrap. a full size luxury electric sunroof featuring Venus privacy glass, full wrap No. Our dealers build enthusiasm and maintain customer relationships. Webasto has significantly increased its depth of added value by entering the glass finishing sector. To ensure roofs uphold in extreme situations, they are regularly exposed to a wide range of conditions in Webasto test centers. Its customers expect this just as much as Webasto does. 13. Energy efficient, environmentally conscious, quiet and compact to fit inside almost any RV. To avoid overburdening this already lengthy opinion, I address only the single argument that was not addressed in Section B(2) above. open/close andauto close (on ignition off). a compact frame electric sunroof with neutral color quick-fit intererior trim. also). Webasto is an international brand, bringing you the highest quality in sunroofs. 8. WSI (Magna) argues that these decisions warrant restrictions on Kortm's choice of agents, but in those cases the agents themselves had conflicts of interest and were actively pursuing activities hostile to the corporation, i.e., a law firm representing individuals who were suing the company and a third party, not otherwise entitled to receive information, actively involved with the company, respectively. Automotive manufacturers are faced with the challenge of meeting a multitude of global customer requirements. Webasto Marine Solutions provide reliable comfort year round. 29, 1993), Mem. Magna has not established a conflict between Kortm's two fiduciary roles. A stockholder's status as a competitor may limit the scope of, or require imposing conditions upon, inspection relief, but that status does not defeat the shareholder's legal entitlement to relief.28, Finally, WSI argues that the pendency of the Section 273 proceeding defeats WAG's inspection right. C. 220. lighted switch and full wrap interior. Your vehicle manufacturer and local car dealership are not administering this recall. Choose from endless combinations of A/C, Heating, Sunroof & Shade systems to design the perfect comfort solution for your vessel. As for the remaining arguments I conclude that for the same reasons they do not defeat WAG's entitlement to inspection, those arguments also should not operate to limit or restrict the scope of WAG's inspection. Webasto's convertible tops meet the highest demands in terms of acoustics, appearance, convenient operation, opening and closing times, and storage space. Thanks to a high-quality paint coating (Hardcoat AS 4700), the polycarbonate roof is also scratch-resistant and withstands weathering and UV radiation. | The argument is unpersuasive, because the preliminary valuation, based on less than complete information, buttresses the credibility of WAG's claimed need to do a more reliable valuation. The glass panel on spoiler sunroofs opens . PX 3 at WSI000146. In this case, however, the evidence demonstrates the propriety of WAG's purpose with or without a presumption. Send us a message via our contact form and we will get in touch with you. The relationship between those two stockholders is antagonistic, and one of them (WAG) has filed a petition under Section 273 to dissolve the corporation. The first is whether the inspection rights of the director-which otherwise are conceded to be absolute-may be limited by ordering the director not to disclose those records (or information derived therefrom) to the 50% stockholder that designated the director as a board member. PU foam encapsulation is used to merge mounted parts, such as screws and reinforcements, with a glass pane by using polyurethane material. Two full-featured electronic packages to position the glass in any desired configuration. Moreover, on August 26, the plaintiffs filed an amended demand; i.e., the identical demand previously submitted, but with a new notarization in the form customarily used in these proceedings. Ch., C.A. leading edge, Venus solar privacy glass, self-deploy wind deflector, lighted Sizes listed are nominal Keeping the future in the rear view mirror, Webasto is at the forefront in developing technologically advanced solutions. In 1998 two events occurred, and from that point on the relationship between WAG and Magna deteriorated. 5. Events Leading to the Demand for Inspection. That argument is untenable, both legally and factually. Read top news about our products and get deep insights into our roof development, production or the different applications of our roof packs. H310L is a a 3-Year/36,000 mile Limited Warranty, DONMAR SKYROOF Electric Spoiler Sunroofs 930 KB. As a family-owned company, WPNA takes safety seriously and is committed to helping you keep your family and community safe. lighted switch and versatile quick-fit trim bezel (can be wrapped). basic model, without the shade or electronic control. Sunroofs usually are made of either tempered or laminated glass, which both have pros and cons. at 5-6) (quoting Henshaw v. American Cement Corp., Del. Discover the wide range of Webasto solutions engineeredspecifically to withstand the harsh environment of the off-highway market. Part was discontinued through Manufacturer, needed it for an 03 Corolla for a customer who had something break his sunroof only. Tudor Webasto Sunroofs R&S Coachbuilts have ceased trading and we are pleased to announce that The Trimming Centre is now the sole distributor of Tudor Webasto coachbuilt sunroofs worldwide. Webasto 40 Inch Marine Sunroof. We ensure your success by offering a variety of practical training and many other services at the Webasto technical services website. If you are on the road in your car, you want to experience maximum comfort. WSI (Magna) contends that if inspection is allowed, it should include only the documents to which WAG would be entitled-and which it has already been provided-under the Shareholders Agreement, i.e., annual budgets, audited annual financial statements, and monthly unaudited financial statements. The polyeurethane serves both as a link between the various components and as construction material to form special geometries. including standard cab compact pickup trucks. ; and (9) any tax balance sheets, tax returns and tax assessments for the last three years and latest WSI tax auditors reports. mechanism provides a larger percentage opening than many other models. This is the Opinion of the Court on the merits of the inspection claims. by a 3-Year/36,000 mile Limited Warranty To detect obstacles, road users and hazards in all weather conditions, a set of different sensors as well as sensor availability systems are integrated at several positions in the roof. sunshade. 6426, 1984 WL 8265, Walsh, V.C. 3. Has anybody heard different? Part Number: 40-Series. Discontinued 2009 - no an entry level electric sunroof in a compact size. 1. I also conclude that Kortm is entitled to inspect all of the document categories described in the demand, and may disclose those documents to WAG, subject to certain conditions. Series Spoiler sunroofs are backed by a 5-Year/50,000 mile Limited Warranty, Hollandia 300 Series Electric Sunroofs by Webasto, H312L (Emerald Until 1998 the two co-venturers' relationship was more or less harmonious. switch, and one-touch electronic control. Only the first 500 items are shown. Webasto fulfills all wishes regarding comfort and design with its technologies. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. See, Thomas & Betts Corp.v. Roofs have to pass all stress tests with top marks before they are delivered to customers. Webasto delivers intelligent and efficient automated driving and electromobility solutions for Lotus all-electric SUV. We can supply and fit or we offer a next day mail order service,to your door on all stock parts on all U.K. orders. with tight radius corners and curved leading edge, dark solar privacy glass, composite frame with tight radius corners and curved leading edge, dark solar medium sized model with a wrap capable quick-fit trim bezel, multi-stop, is interior, a retractable hard panel sunshade and one-touch electronic control. A clear view of the sky and fresh air on demand? At this years Consumer Electronics Show (CES) in Las Vegas, automotive supplier Webasto will exhibit his Roof Sensor Module with integrated lidar for, During the first Makeathon held by automotive supplier Webasto, students and young professionals from all over Germany spent a weekend devising, Webasto moves into production of a key material for innovative car roof systems: Glass. Outstanding seller, first class service, lightning fast delivery, and the part worked like a charm!!! At that meeting, Kortm stated that he and WAG were dissatisfied with the quality of WSI's financial reporting and its explanation for the variances, and took the position that more detailed explanations were required. Polycarbonate is an excellent alternative to glass. Ideal for compact cars and vehicles with shorter rooflines Magna (WSI) responds that the demand letter, and this action, are simply a part of WAG's exit strategy from the joint venture, and a strategem to enable WAG to obtain sensitive information that WAG will use competitively to WSI's disadvantage. Discontinued 2009 - no The seal between the glass and frame may delaminate and let go, or the sunroofs clips or mechanisms may hit and shatter the glass. is a 4747 & 4765, 1975 WL 1962, Brown, V.C. Specifications were very accurate to insure I was ordering right one. What is this? (Discontinued) 3200 (300 C. LASSIC / D. ELUXE) 375mm x 749mm (14.8 x 29.5) 412mm x 782mm (16.2 x 30.8) (Discontinued) 3400 (300 C. LASSIC / D. ELUXE) 463mm x 800mm (18.2 x 31.5) 503mm x 842mm (19.8 x 33.2) (Discontinued) 3630 . Features composite frame with tight radius corners and curved leading edge, Venus glass, lighted switch and full wrap interior. WAG's stated purpose as a stockholder was to value its shareholder interest in WSI.7 It is undisputed that the scope of the requested document inspection is quite broad.8, WAG contends that it submitted the May 31 demand letter in response to Magna having reneged on its undertaking to permit WAG to conduct an audit. WEBASTO 300 NSG SUNROOF BROCHURE WEBASTO 300 NSG INSTALLATION VIDEOS Reserved updated 2/22. The second issue is whether the plaintiff stockholder's stated purpose for inspection is bona fide, and if so, whether the scope of inspection relief should be limited because of the possibility of conflicting interests between that 50% stockholder and the corporation. This argument is flawed in two respects. Free Shipping. composite frame with tight radius corners and curved leading edge, dark solar 1964 Mk1 Mini Restoration S2 Ep12 - Webasto Sunroof Removal - YouTube 0:00 / 8:05 1964 Mk1 Mini Restoration S2 Ep12 - Webasto Sunroof Removal Matt Green 27.2K subscribers Dislike Share. manufacturers. features a grey quick-fit interior with full Suitable for sport and compact cars where larger sunroofs are too Ch., C.A. Accordingly, it becomes unnecessary to, and I therefore do not, reach the issue of whether the documents described in the demand are essential and sufficient to WAG's purpose. Nos. Low profile How much does it cost to have sunroof installed? Hollandia 500 Panoramic Sunroof (5 models) Hollandia offers the largest power sunroofs available. Factually, Magna's argument improperly attempts to attribute WAG's allegedly improper purpose to Mr. Kortm, acting in his capacity as a director. Use multiple sunroofs to create a panoramic view! a full size composite frame electric sunroof packed with features including Together with car manufacturers, we develop high-quality openable roof systems that also meet highest requirements of headroom or acoustics for small cars through to premium SUVs. at 1 (June 12, 1998) (citing Holdgreiwe v. The Nostalgia Network, Inc., Del. Because I find that WAG's stated (valuation) purpose is bona fide, and determine the scope-of-inspection question on that basis, I do not reach or consider the issue relating to WAG's second purpose. and. DONMAR Enterpries, Inc. WEBASTO SOLAIRE HOLLANDIA 300 INALFA EVENT SKYROOF LSS Because functions can be combined individually, the possibilities are limitless. for more details: http://www.skyroof.com/skyroofls.htm The Delaware corporation that is the subject of this dispute is Webasto Sunroofs, Inc. (WSI), a company that is engaged in the business of manufacturing, marketing, selling, and distributing sunroofs to the automotive industry in North America. I am waiting delivery for my 2011 CC R Line. Kortm's stated purpose as a director for seeking inspection was to monitor Magna's performance under the Management Agreement, especially in light of the recent profit variances. Thus, Webasto already offers roof systems for the electric future. Size privacy glass, lighted switch and versatile quick-fit trim bezel (can be wrapped Webasto roof systems can be equipped with a wide range of innovative functions. full size electric sunroof with a generous 10.5 inch opening. Please use a filter to narrow down your selection. In order to be close to our customers and to meet all requirements, Webasto is represented in three continents with its roof production. Webasto Solaire Ideal for compact cars and vehicles with shorter rooflines We are out of stock. Webasto spoiler sunroofs are designed to fit quickly into nearly any vehicle. First, many, if not all, of the joint venture's competitive secrets are licensed patents and technological trade secrets and know-how developed by WAG. Gray interior. I conclude that the original demand, while not in the customary form, satisfied the requirements of 220(b). WAG's real purpose, Magna claims, is to compete directly against WSI in the North American sunroof market, free of any constraints imposed by the joint venture or the Shareholders Agreement. Ans. percentage opening in a compact size. I conclude that they are not. Venus solar privacy glass, self-deploy wind deflector, full width integral The market leader offers a suitable sunroof for every vehicle type and model: Webasto offers body-color sunroofs made of various materials, for instance polyurethane composites. SHIPPING ON ONLINE ORDERS +$99*, Marine Air Conditioners | Air Conditioning Units, OceanLED Explore E7 Thru Hull - 50 Degree Angle - Blue & White, OceanLED Explore E7 Thru Hull - 40 Degree Angle - Blue & White, OceanLED Explore E7 Thru Hull - 30 Degree Angle - Blue & White, OceanLED Explore E7 Thru Hull - 20 Degree Angle - Blue & White, OceanLED Explore E7 Thru Hull - 50 Degree Angle - RGBW Colors DMX. I conclude, in this post-trial Opinion, that (1) the plaintiff-director's inspection rights should be unrestricted, and (2) that the plaintiff-stockholder, whose purpose for seeking inspection is bona fide, should have the same inspection rights as its director-designee, but subject to certain limiting conditions applicable to both plaintiffs. That purpose, Magna claims, is personal to WAG and not reasonably related to its interest as a stockholder. Magna (through WSI) does not deny that these events occurred, but contends that WAG's claimed need for more information was and is pretextual. basic model, without the shade or electronic control. These contentions present three issues relating to WAG's inspection rights as a shareholder: (1)Did WAG submit a demand under oath as required by the statute? H321M a Refresh your browser window to try again. SM4. No. We use cookies to ensure that we give you the best experience on our website. As a global market leader for panoramic roofs, sunroofs and convertible roofs, Webasto delivers solutions that complement vehicle designs and enhance interior comfort with innovative features like switchable glazing, ambient lighting and entertainment functions. DONMAR offers a In this case WSI contends that WAG has failed to meet its burden in all three respects. Call Our Experts; 602.371.0566; Open Hours; Mon-Fri: 7.30am To 4.00pm; Home; Sunroofs; Leather; Accessories. Tr. II. Webasto has been developing and producing sunroofs for the automotive industry for more than 60 years. a full size luxury electric sunroof featuring Venus privacy glass, full wrap 1997-2022 All Rights WSI also argues that WAG has already performed a preliminary valuation of its investment, which shows that WAG's stated valuation purpose is pretextual. Br. From large-area panorama roofs with versatile additional features, and classic sunroofs through to convertible roofs - we have the right solution for every vehicle range and model. Moreover, and subject to the above condition, any information obtained from the inspection shall be disclosed only to WAG personnel (other than employees or agents of Hollandia), and persons assisting the plaintiffs in the books and records inspection. Determining whether you are affected: The most recognizable components of sun roofs are the switches and the presence of the Webasto logo on the sunscreen handle. Nothing ruins a day of fun on the water than a boat that is not working properly. Learn how to determine whether your sunroof is involved in the safety recall and how to submit your claim here. composite frame with tight radius corners and curved leading edge, Venus glass, vwvortex.com is an independent Volkswagen enthusiast website owned and operated by VerticalScope Inc. English. at 3 (Feb 1, 2000) (expressing the view that the right of a director of a Delaware corporation to inspect, have access to the books and records of the corporation, is quite broad. SKYROOF LS Magna also reserved the right to decide what documents Kortm could copy. Ch., 290 A.2d 689 (1972); Safecard Servs., Inc. v. Credit Card Serv. Webasto RV solutions do not require an added fuel source so no need to carry or store additional tanks of fuel. In apparent recognition of the broad scope of a director's statutory inspection right, WSI (Magna) conceded in its response to the demand that Kortm, in his directorial capacity, was entitled to inspect all the documents described in his demand letter. A very economical manual or electrical sliding roof Webasto Series 20 Marine Sunroof. Webasto Electric Spoiler Sunroof Kits Home Complete Sunroof Kits Electric Spoiler Sunroof Kits Electric Spoiler Sunroof Kits Webasto has discontinued manufacturing of all aftermarket sunroofs. Size 20x33. (3)Has WAG shown that the scope of the inspection it seeks is proper? I am waiting delivery for my 2011 CC R Line. Employing factory trained certified technicians and marketing professionals . If a solar roof is installed for battery charging, a gasoline-powered vehicle emits an average of 3.8 g/km less CO2 while a diesel vehicle emits around 2.65 g/km less. at 5. also). Size 16x31. Together with car manufacturers, Webasto develops high-quality openable roof systems that meet even the highest requirements for headroom or acoustics, whether for a small car or a premium SUV. 25. The roof system is considered an integral component in the design and planning of the overall vehicle. (X-48 Spoiler) is a Series 20. Helmsman Management Servs., Inc. v. A & S Consultants, Inc., Del. For this reason, the solar roof has been listed as a battery-charging solar roof in the technical guideline as an eco-innovation since 2013. Package arrived before estimated date without any damages or scratches. 13270, 1994 WL 114807, Allen, C., Mem. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Hollandia 300 Series Spoiler sunroofs by Webasto are backed by a 5-Year/50,000 mile Limited Warranty, INALFA Webasto is characterized by its state-of-the-art materials, technologies and processes, high quality standards, and the expertise of its employees. Webasto Sunroof Products Download Catalogue H100 Popup The H100 offers you open-air comfort at an affordable price. Medium Color Photo - Emulsion on Paper. Please do not contact them. Webasto offers automakers a solution for roof systems that allows them to respond flexibly to different market requirements. 17171. Sponsored Health Plan/Federal Transparency & Coverage Rule - U.S. Yes inventory available. Moreover, Magna's claim that WAG is engaged in a campaign to compete with, and thereby harm, WSI, is undercut by the fact that WAG's 50% stock interest in WSI represents 20% of WAG's revenues and 25% of its profits. The plaintiffs were never put on notice that WSI would take this position until the trial. Again for ease of reference, unless otherwise noted, any references to Magna should be understood as including Atoma. The Bona Fides of WAG's Stated Inspection Purpose, WSI (Magna) next challenges the bona fides of WAG's stated purpose. C. 273. At most Magna has shown that WAG has the infrastructure and potential to compete with WSI in the OEM market at some point in the future. (2)Has WAG shown that its stated valuation purpose is, in fact, its true purpose,? Gray interior. Kortm is a fiduciary of WSI, but he is a fiduciary of WAG as well. WSI is a joint venture formed under a shareholders agreement dated May 1, 1984 (the Shareholders Agreement) between plaintiff Webasto AG Fahrzeugtechnik (WAG) and a subsidiary of Magna International, Inc. (Magna).2 WSI employs approximately 900 people and in 1998 it had net sales of approximately $201 million. WAG, which owns the same percentage of equity as Magna, does not. Together with our customers, we are actively shaping the mobility of today and tomorrow - with innovative roof systems for every need from autonomous driving to the convertible feeling. Venus solar privacy glass, self-deploy wind deflector, full width integral Sophisticated, finely tuned and highly engineered production processes as well as automated manufacturing areas ensure optimal results and the highest customer satisfaction all over the world. DONMAR. I first address WSI (Magna's) argument that the demand was not under oath.. What is clear is that Magna, by virtue of its day-to-day control of WSI, controls access to those books and records and is now using that control to deny similar access to the other 50% stockholder and co-venturer, WAG. We are a small family owned business that has been providing high quality replacement automotive parts since 2004! No. In addition, polycarbonate is impact-resistant and possesses an outstanding three-dimensional formability. Tudor Webasto Sunroofs R&S Coachbuilts have ceased trading and we are pleased to announce that The Trimming Centre is now the sole distributor of Tudor Webasto coachbuilt sunroofs worldwide. See e.g., E.L. Bruce Co. v. State ex. Posted on Jan 20, 2022. Verified purchase: Part Number: Series 20. But also on our products is the logo of the organization that is our sponsor, this is online nutrition practice, which provides diet advice, health training and access to specific laboratory tests for customers who want to help with dietary strategies to manage their symptoms related to food sensitivity and health imbalance. 23. Webasto vehicle roofs are developed by specialists in prototype construction and manufactured and quality is tested throughout the production process. 3630 (X1000) features a metal frame with One of WAG's director-designees is plaintiff Franz-Joseph Kortm (Kortm), who is WAG's Chief Executive Officer. Even assuming that Magna has voluntarily chosen not to exercise that control to grant itself complete access, Magna has the ability to do that whenever it chooses. Nor is it reasonable to condition Kortm's inspection upon an undertaking not to disclose to WAG any information gleaned from the document inspection. Optional removable panel Terms. Low profile The Hollandia 500 is totally unique inside and out with both panels working from the switch. The inspection rights of a shareholder are governed by 8 Del. In this case that argument is, factually and legally incorrect. Many of the facts critical to a resolution of this controversy are undisputed, but where they are disputed the facts are as found below.1. eeaadd. Ch., 525 A.2d 160, 168 (1987); Thomas & Betts Corp. v. Leviton Mfg. by a 3-Year/36,000 mile Limited Warranty, SKYROOF is a registered trademark of Other facts are set forth in the Analysis Section (Part III), where appropriate.
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