Cozumel Palace Resort Terms

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Terms & Conditions

TERMS AND CONDITIONS: Sweet Cozumel Palace Resort
September 1-8, 2012

Please read these terms and conditions carefully as they are legally binding. Acceptance or use of this Contract and/or your stay at the Resort shall constitute your agreement to this Contact.

  1. The Contract
    These Terms and Conditions are a contract (“Contract”) between Sweet Ventures, LLC, a California limited liability company dba Sweet (“Sweet”) and the Guest. The “Guest” is each person whose name appears on the face of this ticket and/or who uses the ticket for check in at the hotel described in the ticket, and includes any accompanying minors, and any of their heirs, successors, assigns or representatives. The Guest understands and agrees that Sweet is not an agent, contractor, partner or joint-venturer of the Carrier and in no way, controls, operates, owns, or maintains the hotel or any of the Carrier’s employees, agents, or contractors.?The Guest agrees that this Contract governs the relationship between the Guest and Sweet in connection with the Resort set forth above to be operated by the Hotel. The word “Hotel” means PALACE RESORTS, S.A. de C.V., Km 21 Carretera Cancun-Pto Morelos, Smza 47 MZA *, Lote 1, Edificio A entre Rancho La Esperanza y Rancho Los Amigos Cp 77500 Benito Juarez, Cancun, Quintana Roo, Mexico, its subsidiaries, affiliates, agents, assigns, as well as the named resort or substitute resort, including its management and staff. The Guest agrees that this Contract shall apply regardless of the Guest’s age, whether the Guest purchased the ticket on his or her own behalf, and/or whether the ticket has been held and/or presented by another person on behalf of the Guest. The Guest agrees that this Contract constitutes the entire agreement between the Guest and Sweet, to the exclusion of any prior representations that may have been made in relation to the vacation to the Guest or anyone representing the Guest by anyone, including but not limited to in the Sweet advertisements, and other promotional materials, or by third persons such as travel agents. No person other than the person(s) named in the Hotel’s Guest Ticket Contract (“Guest Ticket Contract”) can use the Guest Ticket Contract without the express written agreement of Hotel and Sweet and this Contract and the Guest Ticket Contract are not assignable without Hotel and Sweets’ prior permission. The Guest acquiesces to the terms herein upon the earlier of payment to Sweet of the Guest’s deposit, accepting and acknowledging this Contract or arriving at the Hotel. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Hotel and all concessionaires, independent contractors or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees. The Guest agrees and acknowledges that he or she has received a copy of the Guest Ticket Contract.
  2. Terms of Fare:
    The fare paid by the Guest in connection with the Resort includes accommodations at the Resort, food at the Resort restaurants and all beverages, alcoholic and non alcoholic, with the exception of premium spirits. It does not include tours. The fare does include taxes and fees imposed by governmental or quasi-governmental authorities. If governmental or quasi-governmental action results in any element of such taxes and fees exceeding the estimates used by Hotel for purposes of computing the quoted amount, the Guest agrees that Hotel may pass through to the Guest such extra amount. The Guest agrees that Sweet shall not be liable to make any refund to the Guest for tickets that are wholly or partially unused by the Guest except as otherwise expressly stated in this Contract, any law or government regulation to the contrary notwithstanding. Refunds shall be made as specified herein and in the cancellation policy section of the Terms and Conditions of the cruise brochure, which policy is incorporated herein by reference.
  3. Carrier’s Rules and Regulations:
    1. Guest’s Agreement: The Guest agrees to abide by the rules and regulations of the Hotel, including, but not limited to, any terms and conditions, and to follow the lawful instructions of the resort’s management and staff at all times. The Guest accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary removal without liability to Sweet or the Hotel for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s), whatsoever.
    2. Hotel’s Right to Confine, or Refuse or Revoke Passage: The Guest recognizes and agrees that the Hotel may refuse or revoke passage to, confines to a room, and/or deny any advertised benefit or service to any Guest who, in the sole judgment of the Hotel or the resort’s medical personnel, may be suffering from a contagious disease, or for any other cause may endanger themselves or others, or become obnoxious to others. Any Guest who is refused entry or otherwise denied any advertised benefit or service under this section shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by Sweet.
    3. Forbidden Articles: The Guest agrees to abide by the Hotel’s restrictions and prohibitions regarding what items may be brought on property the resort by the Guest. Subject to any rules or regulations to the contrary by Carrier, no animals of any kind, except service or guide animals may be brought to the Hotel. If Guest desires to bring on a service or guide animal and is permitted by the Hotel, Guest must notify Sweet at least thirty (30) days prior to arrival of the Guest’s intention to bring such animal and the Guest agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. The Guest further understands and agrees that any alcoholic beverages purchased off site shall not be brought or consumed at the resort under any circumstances. The Guest assumes all responsibility for complying with any applicable customs or import laws relating to all purchases.
    4. Special Medical Care; Fitness to Travel: The Guest acknowledges that medical care while on the resort may be limited or delayed. Therefore, the Guest warrants to Sweet that the Guest and those for whom the Guest is responsible are fit to travel. Any condition of the Guest that may require special attention, accommodation or treatment of any kind must be reported to Sweet when a reservation is requested. A medical certificate certifying fitness for travel may be required of the Guest at Sweet and/or the Hotel’s request. The Guest agrees not to present herself for check in under any circumstances if, by the time the Guest will conclude her travel with the Hotel, she will have entered the 24th week of pregnancy. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for mobility-impaired persons or persons with severely impaired sight and/or hearing. Guests requiring the use of a wheelchair must provide their own as any wheelchairs available on the vessel are for emergency use only. For the convenience and comfort of such Guests, they are strongly encouraged to bring a collapsible wheelchair. Guests are advised that standard cabins are not designed to be barrier free and wheelchair accessible. The Guest is advised that the Hotel may refuse or revoke accommodation to anyone who fails to notify it of any physical or emotional condition which may require special assistance or accommodation, or who is, in the sole judgment of the Hotel or resort’s medical personnel, as a result of such condition, unfit for travel, or who may require care, treatment or attention beyond that which the Hotel can provide. In such circumstances the Hotel and Sweet shall have no liability to the Guest whatsoever. Guests may not be able to participate in certain activities or programs either at the resort or on tours, if to do so would create a risk of harm to themselves or any other Guest.
    5. Liability of the Guest: The Guest shall be liable to and shall reimburse Hotel and Sweet for all damages to the resort and its furnishings and any equipment or property of the Hotel or any other Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest or those for whom the Guest is responsible, whether willful or negligent. The Guest shall further defend, indemnify and hold harmless the Hotel, Sweet, and each and all of their agents or servants for all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest or those for whom the Guest is responsible.
  4. Limitations and Disclaimers of Liability:
    1. Sweet and the Guest hereby agree there is no warranty, whether express or implied, as to the fitness or condition of the resort, or any food, drink, medicine, or provisions supplied by the resort. The Guest acknowledges that Sweet and the Hotel are not an insurer of the Guest’s safety during the course of the vacation, and the Guest agrees that Sweet and the Hotel shall not be liable in any circumstances for any incident or injury arising from events occurring outside of the guest areas of the resort or outside of the resort itself, including but not limited to those events occurring off site (including tours), on buses or conveyances not owned or operated by the Hotel, on or resulting from equipment not a part of the resort, or upon docks and/or piers, or involving persons employed by the resort acting outside the course and scope of employment.
    2. Sweet and the Hotel disclaim all liability to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind not resulting from a physical injury to that Guest, from that Guest having been at risk of actual physical injury, or intentionally inflicted by the Hotel or Sweet.
    3. Sweet and the Hotel shall not be liable for any injuries or damages to the Guest which occur while participating in athletic or recreational activities at the resort or on any tours, including, but not limited to, Guest participation in athletic or recreational activities at the resort or on any tours, including, but not limited to, Guests participating in snorkeling or diving programs or Guests usage of paddleball, gymnasium, jogging, swimming, diving, health club, or sauna facilities. By utilizing said facilities, the Guest agrees to assume all risks arising there from and does hereby fully release and discharge Sweet and the Hotel from any and all claims, demands, damages, causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the Guest’s use or intended use of said facilities.
  5. Compliance with Government Orders: Sweet and the Hotel shall have the absolute right, without liability for compensation to the Guest of any kind, to comply with governmental orders, recommendations or directions, including but not limited to those pertaining to health, security, immigration, customs or safety. In the case of quarantine, the Guest agrees to bear all risks, losses and expenses caused thereby and will be charged for maintenance, payable day-by-day, if maintained at the Hotel for such period of quarantine. The Guest assumes all risks and losses occasioned by delay or detention howsoever arising. Costs connected with early departure of Guests and/or baggage and costs of transfer between resort and airport as a result of the circumstances enumerated in this paragraph must be borne by the Guest.
  6. No Soliciting: The Guest shall not solicit other Guests, Sweet’s or the Hotel’s employees, personnel or agents during with respect to any professional, commercial, or business activity, whether for profit or otherwise, without the prior written consent of Sweet or the Hotel.
  7. Photography: The Guest understands that photography is a common part of vacations and that by agreeing to participate in the Resort, the Guest understands and agrees that he or she may be photographed by other guests or employees and agents of the Hotel or by contractors working on the Resort. If the Guest desires to not be photographed, it shall be the Guest’s sole responsibility and obligation to advise any person taking photographs of his or her desire to not be photographed. Sweet reserves the right to publish photos in it’s print, email and web properties as well as print, web or other advertising for promotional purposes.
  8. Conduct of Guest: The Guest agrees to conduct him or herself at all times with civility and to respect the requests and right to quiet enjoyment of fellow guests at the Resort.
  • Baggage and Valuables:
    1. The term “baggage” means suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of clothing, clothing accessories, toilet articles, and similar personal effects, including all other personal property of the Guest not in a container. Sweet and the Hotel do not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments, or other valuables, including but not limited to those specified in 46 U.S.C. § 30503. The Guest warrants that no such items will be presented to Sweet or the Carrier within any receptacle or container as baggage, and hereby releases Sweet and the Hotel from all liability whatsoever for loss of or damage to such items when presented to Sweet and the Hotel in breach of this warranty. The Guest further warrants that she or he has not carried into the Hotel any goods or articles for purposes of trade or commerce, nor contraband, nor goods or articles which otherwise may violate the customs laws of the country in which the resort resides, and the Guest agrees to defend, indemnity and hold harmless Sweet and the Hotel for any fines, duties, taxes, or other penalties that may be incurred as a result of any item brought on board by the Guest. Sweet and the Hotel shall not be liable for any loss of or damage to any perishable items, dentures, optical devices (including contact lenses), medications, cameras, recreational and/or sporting equipment, cash, securities or other negotiable instruments under any circumstances whatsoever, whether carried within the Guest’s baggage or otherwise.
    2. The Guest and Sweet agree and stipulate that the aggregate value of all the Guest’s baggage and any other property lawfully brought on to the hotel by the Guest does not exceed U.S. $100.00 and any liability of Sweet for any cause whatsoever with respect to said baggage shall not exceed such sum unless the Guest shall specify its true value, in writing, and pay to Sweet before embarkation five percent (5%) of the excess of such value, in which case Sweet’s liability, if any, shall be limited to the actual damage sustained up to, but not exceeding such specified value. In no event shall Carrier be liable for normal wear or tear of the Guest’s property or baggage.
    3. The Guest agrees that all disclaimers and limitations of liability contained herein shall apply to all valuables stored or accepted for storage by the Hotel, including valuables stored with the Hotel in safety deposit boxes or security envelopes. Sweet and the Hotel cannot accept responsibility for, and in no event shall be liable for, the loss of or damage to valuables or other articles left in the guest room, and in no event shall Sweet or the Hotel be liable for loss of or damage to property of any kind not shown by the Guest to have occurred while in the Hotel’s actual custody.
    4. Liability, if any, for loss or damage to baggage occurring elsewhere than at the hotel in connection with air, car, motor coach, ground transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such services and the Guest agrees that Sweet does not guarantee the performance of such services and shall not be liable in any respect or capacity for any such loss or damage.
    5. The Guest will not be liable to pay nor entitled to receive any general average or salvage contribution or award in respect to property taken by the Guest onto the resort.
  • Independent Contractors:
    1. Off-site Transport and Activities: The Guest recognizes and agrees that, if and when Sweet makes arrangements for the Guest for air transportation, hotel accommodations, ground transfers, excursions, and/or for other transportation, activities, services, facilities or amusements occurring outside the hotel, Sweet does so solely for the convenience of the Guest. Sweet does not act on behalf of or supervise the parties or persons who own, furnish, or operate such conveyances, services or facilities, and the same are provided by independent contractors who work directly for the Guest and are subject to such terms, if any, appearing in the tickets, vouchers or notices of such party or parties. Such independent contractors are not agents, employees or contractors of Sweet. Therefore, the Guest agrees that Sweet assumes no responsibility for, nor guarantees the performance of, any such person, party, contractor, service or facility, and that Sweet shall not be liable for losses or injuries arising from the acts or omissions of such person, party, contractor, service or facility.
    2. Other Independent Contractors: The Guest recognizes that the persons providing other personal services offered at the resort, including but not limited to, hairdressers, manicurists, personal trainers, and/or massage therapists are independent contractors who work directly for the Guest and are not agents, employees or contractors of Sweet, and that Sweet shall not be held liable for any loss or injury arising from the performance of such services.
    3. Payment for Optional Services: Such parties or persons described in sub-sections (a) and (b), above, shall be entitled to make a proper charge for any service performed for or on behalf of the Guest and the cost of such service shall be the sole responsibility of the Guest.
    4. Indemnity: Guest acknowledges and agrees that in the event Sweet is found liable to pay damages based on the negligence or other wrongful conduct of any person or entity other than Sweet, whether by way of joint and several liability or otherwise, the Guest will defend, indemnify and hold Sweet harmless for any and all such conduct and/or damages. This agreement to defend, indemnify and hold the Hotel harmless shall specifically include, without limitation, all medical services provided on or off the resort, as well as all tours, transportation or other facilities or activities provided or furnished by any person or entity other than Sweet.
  • Medical Services and Facilities: The Guest recognizes and agrees that Sweet is not in the business of providing medical services and/or operating medical facilities. To the extent that the Hotel provides a surgeon or physician, or if the Hotel requests emergency or other medical care or evacuation for the Guest on the Guest’s behalf (hereinafter, “Medical Services”), it is understood and agreed that such services are governed by the agreement between the Hotel and the Guest. Sweet does not undertake to authorize, supervise, nor supervise or direct the actions of the person(s) providing such Medical Services. The Guest therefore agrees that does not take any responsibility for any such services provided and that Sweet shall not be liable for losses or injuries arising there from.
  • Limitations on Actions:
    1. Suits for Injury or Death: The Guest agrees that no suit, whether brought in rem or in personam, shall be maintained against Sweet for emotional or physical injury, illness or death of Guest unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to Sweet within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.
    2. Other Suits: Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or the Resort, no matter how described, pleaded or styled, between the Guest and Sweet and/or the Hotel, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in San Francisco- County, California, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in San Francisco, California. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures which are deemed to be incorporated herein by reference. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: American Arbitration Association, One Sansome Street, Suite 1600, San Francisco CA 94104 ; ) 415.981.3901. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT(OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Hotel and the Guest further agrees to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Section 12 below governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Section. In any event, no claim described in this Section may be brought against Sweet unless written notice giving full particulars of the claim is delivered to Sweet within thirty (30) days of termination of the Resort and legal action on such claim is commenced within six (6) months from the date the claim arose, notwithstanding any provision of law of any state or country to the contrary.
    3. Guest Waives Right to Class Action Relief: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON THE GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST HOTEL WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 10(b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 9(b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
  • Travel Documentation: Upon arrival, the Guest shall have in his or her possession, and assumes all responsibility for obtaining, all visas, passports, certified birth certificates, travel and health documents required by any governmental authority, and if he or she fails to do so the Hotel shall have no further obligation to transport or to furnish transportation to the Guest. The Guest is advised to consult his or her travel agent or the appropriate governmental authority concerning required documentation for travel. The Guest shall indemnify Sweet for all penalties, fines, charges, losses and expenses imposed upon or incurred by the Hotel due to the Guest’s failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise or other taxes or fines on the Guest or Sweet resulting from the Guest’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by the Guest. If the Guest is denied admission for failing to comply with the requirements of this section, Sweet shall not be liable to refund the Guest’s fare or for any other damages or expenses whatsoever.
  • Severability: Except as provided in Section 9(c) above, should any provision of this Contract be deemed invalid for any reason, the Guest agrees that said provision is deemed to be severed from this Contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
  • Venue and Governing Law: Except as otherwise specified herein, this Contract shall be governed in all respects by the laws of the State of California. It is hereby agreed that any and all claims, disputes or controversies whatsoever arising from, related to, or in connection with this Contract o, including any activities on or off the resort or transportation furnished therewith, with the sole exception of claims subject to binding arbitration under Section 9(b) above, shall be commenced, filed and litigated, if at all, before the United States District Court for the Northern District of California in San Francisco, California, U.S.A., or as to those lawsuits for which the United States District Court for the Northern District of California lacks subject matter jurisdiction, before a court of competent jurisdiction in San Francisco County, California, U.S.A., to the exclusion of the Courts of any other country, state, city or county.
  • Cancellation: All deposits are non-refundable. However, if the Guest cancels ninety (90) days or more prior to the Resort, Sweet will apply the Guest’s non-refundable deposit to another Sweet vacation and refund the balance of any payments above your deposit within thirty (30) days of receiving the Guest’s cancellation. If the Guest cancels more than one (1) day but less than ninety (90) days prior to the Resort, Sweet will apply the Guest’s paid balance to the vacation of the Guest’s choosing minus a $100 per person processing fee. If Sweet cancels the Resort, Sweet will either, at the Guest’s option, apply the Guest’s paid balance to a future trip offered by Sweet or refund the balance to the Guest.
  • Use of Guest Likeness/Marketing: The Guest consents to Sweet’s use and display of the Guest’s likeness in any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation or liability of any kind, including Sweet’s marketing and promotional material; provided that the Guest may refuse provided that the Guest notifies Sweet in writing prior to the Resort and attends, in person, a special meeting organized by Sweet regarding the same. The Guest’s consent extends to minors and other persons in the care and charge of the Guest.
  • Successors and Assigns: This Contract will be binding upon the parties’ heirs, executors, administrator, and other legal representatives.
  • Non-Waiver: No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right. The obligations of either party with respect to such right shall continue in full force and effect.
  • Force Majeure: Neither party shall be liable for delays or any failure to perform under this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties (except for Supplier’s subcontractors), to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused, and the delayed party shall promptly inform the other party of its plans to resume performance.

    • I agree to the terms & conditions
     

     
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