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‘No more cash’ for Boscombe surf reef contractors


“THERE ain’t no more money in the kitty” – that’s Bournemouth council’s warning to surf reef contractor ASR as the company prepares to make a return visit.

The New Zealand-based firm will be coming back to Boscombe in June to consider ways of improving the reef’s performance. It’s hoped this will result in proposed modifications being put before councillors in July.

But councillors have been quick to reassure taxpayers they will not foot the bill for the remedial works.

Last week, it was revealed the reef was failing to live up to expectations, meeting only four of the 11 criteria set out in the reef contract.

Service director Roger Brown told a meeting of Bournemouth’s cabinet they were currently withholding the £75,000 performance-based payment that was due to ASR six months after completion.

A further £75,000, due at a later date, will also be withheld if the reef fails to meet the agreed criteria.

Cllr Peter Charon drew applause when he asked: “Should we not be giving the officers a clear steer that there ain’t no more money in the kitty as far as the council is concerned?”

And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”

Councillors agreed to suspend monitoring of the reef for now but agreed the reef should be monitored for a full year after ASR has had a chance to modify it.

Asked who would pay for this monitoring exercise, Mr Brown confirmed: “That will need to be looked at within the negotiations with ASR.”

Cllr Basil Ratcliffe questioned why the reef criteria appeared to have been downgraded and Cllr Roger West said he had little confidence in ASR’s ability to fix the problem.

The discussion sparked a warning from executive director Tony Williams against using inappropriate language. “Words like ‘misleading’, ‘squandered’ and ‘beyond belief’ may play well with the local media but they don’t have a place in this chamber,” he said.


Comments(38)

jobsworthwatch says...
8:52am Thu 27 May 10

In the news this week-"Olympic sized swimming pool and leisure complex opened in Hillingdon"! At £31 million, 10x the cost of the surf reef, possibly out of our jobsworths league (could we trust them with that amount of money?). Even so, had resources here been put into something similar it could be used by everyone and would be available 100% of the time, far more use to the residents of Bournemouth than this dis-functional, minority sport underwater folly!

rainbowkisses says...
9:39am Thu 27 May 10

And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”...........
....... I wish that fool would sit down and shut up. It was him and his cronies that got us into this mess in the first place. Now he trying to make out how tough he is with ASR. Going by what I have seen, the Contract was written to benefit ASR NOT the Bournemouth tax payers. If this fool is in charge of the IMAX contract, we will be going through all this again, unless he gets booted out next year, which I really hope happens. I expect Mr Echo will delete this comment again, they really don't like it when anybody says something against their best mate MacLoughlin........p
s, love the security word "vote-want"

GB916 says...
11:10am Thu 27 May 10

I think we should wave goodbye to this story,its all a bit flat now,sorry had to say that

noel1 says...
1:08pm Thu 27 May 10

rainbowkisses wrote:
And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”...........

....... I wish that fool would sit down and shut up. It was him and his cronies that got us into this mess in the first place. Now he trying to make out how tough he is with ASR. Going by what I have seen, the Contract was written to benefit ASR NOT the Bournemouth tax payers. If this fool is in charge of the IMAX contract, we will be going through all this again, unless he gets booted out next year, which I really hope happens. I expect Mr Echo will delete this comment again, they really don't like it when anybody says something against their best mate MacLoughlin........p

s, love the security word "vote-want"
It is unfair on Mr MacLoughlin to say he is responsible for this mess. The planning permission for the Reef was given in 2004, and the contracts for the 'downgraded specification' reef were signed in the 2004/2005/2006 period.

Remember Mr MacLoughlin and his party were the 'opposition' to the LibDems during that period.

The only ones to blame for this white elephant are the LibDems.

It was never going to work because the winds and tides in Poole Bay run the wrong way.

I thought when the costs doubled the first time Cllr MacLoughlin had ordered an insurance policy be put in place to it to cover the eventuality that the reef didn't work the cost could be recovered. About time to contact the Insurance Company I think.

whingeyminge says...
1:25pm Thu 27 May 10

whinge, Whinge, WHinge, WHInge, WHINge, WHINGe, WHINGE, WHINGE, WHINGE, WHINGE, WHINGE!,WHINGE!!, WHINGE!!!,WHINGE!!!!
.

Glashen says...
2:27pm Thu 27 May 10

noel1 wrote:
rainbowkisses wrote:
And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”...........


....... I wish that fool would sit down and shut up. It was him and his cronies that got us into this mess in the first place. Now he trying to make out how tough he is with ASR. Going by what I have seen, the Contract was written to benefit ASR NOT the Bournemouth tax payers. If this fool is in charge of the IMAX contract, we will be going through all this again, unless he gets booted out next year, which I really hope happens. I expect Mr Echo will delete this comment again, they really don't like it when anybody says something against their best mate MacLoughlin........p


s, love the security word "vote-want"
It is unfair on Mr MacLoughlin to say he is responsible for this mess. The planning permission for the Reef was given in 2004, and the contracts for the 'downgraded specification' reef were signed in the 2004/2005/2006 period.

Remember Mr MacLoughlin and his party were the 'opposition' to the LibDems during that period.

The only ones to blame for this white elephant are the LibDems.

It was never going to work because the winds and tides in Poole Bay run the wrong way.

I thought when the costs doubled the first time Cllr MacLoughlin had ordered an insurance policy be put in place to it to cover the eventuality that the reef didn't work the cost could be recovered. About time to contact the Insurance Company I think.
I think the blame can be evenly spread between the Conservatives and Liberals, in fact when the original plans were mooted in 1999 the Conservatives were the largest party and it was them in charge for the actual construction, so the frankly poor project management can be laid at their door.
-
But the project as you say was actually committed to by the Liberal administration and many of the mistakes in the set up with ASR stem from that time.
-
Regarding whether the reef could ever have worked, you may be right in that it could never meet all expectations, but the fact is Surfers do use the beaches, so it must be possible to achieve some improvement. The MoD pipe at Kimmeridge seems to have a beneficial effect on surfing conditions by accident so why not by intention.
-
One minor point the reef itself did not require planning permission, I think you are referring to cabinet approval.

Capt. Ahab (ret.) says...
3:03pm Thu 27 May 10

GB916 wrote:
I think we should wave goodbye to this story,its all a bit flat now,sorry had to say that
Ahoy 'GB916'
And i be sorry ye did say it as well, do not include 'me' in yer statement. I not given ye permission to be a part of 'WE!!' If thou has given up so be it, do however let others make thier own choices.

jobsworthwatch says...
3:29pm Thu 27 May 10

Capt. Ahab (ret.) wrote:
GB916 wrote: I think we should wave goodbye to this story,its all a bit flat now,sorry had to say that
Ahoy 'GB916' And i be sorry ye did say it as well, do not include 'me' in yer statement. I not given ye permission to be a part of 'WE!!' If thou has given up so be it, do however let others make thier own choices.
Yep! We should keep sniping away until as stated in a previous Echo article... 'all the problems have been ironed out'... which I take to mean that the reef should be flattened thus returning it to a natural sea bed and Bournemouth gets a full refund plus compensation!

reefwatching says...
3:38pm Thu 27 May 10

Does anyone know whether ASR have insurance (professional indemnity) on this, as would be usual for the designers of such a project? I heard a dark rumour that the council had agreed to no insurance from ASR, which if true, would mark a new high-mark of incompetence. All the council will ever is to just keep the £150k, anything more is out of reach.

Glashen says...
3:56pm Thu 27 May 10

I think the talk of insurance will prove to be wishful thinking, the only "insurance" the council appear to have that the reef would actually work, is the £150K retention.

Of course they could try to sue ASR but that would be dependent on ASR failing to remedy the defects from the design spec, which they are already disputing.

Capt. Ahab (ret.) says...
4:13pm Thu 27 May 10

reefwatching wrote:
Does anyone know whether ASR have insurance (professional indemnity) on this, as would be usual for the designers of such a project? I heard a dark rumour that the council had agreed to no insurance from ASR, which if true, would mark a new high-mark of incompetence. All the council will ever is to just keep the £150k, anything more is out of reach.
Ahoy ‘reefwatching’
Ye do raise an important point regarding insurances and that would be the way for any ‘competent’ business venture prior to proceeding. Be much the same to inquire if the new ‘owners’ of ASR be responsible for ASRs liabilities, It be salty taste in me mouth when I read Mr Kerry Black had sold his shares in ASR earlier this year but still retained as a consultant and I be a wondering why??
What about the auditor’s findings of ASRs outstanding payments due to BBC of nearly £300k? So the withheld £150k aint a ‘negotiating’ amount of gold coinage to worry ASR.
However, the conspirators in this shameful plot must be held accountable, whether they already left the sinking ship, are disposed to jump any minute, at a later date or indeed are now purporting to flex their muscles/mussels. Be this a dereliction of duty to their ‘office?’

Adrian Fudge says...
4:41pm Thu 27 May 10

noel1 wrote:
rainbowkisses wrote: And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”........... ....... I wish that fool would sit down and shut up. It was him and his cronies that got us into this mess in the first place. Now he trying to make out how tough he is with ASR. Going by what I have seen, the Contract was written to benefit ASR NOT the Bournemouth tax payers. If this fool is in charge of the IMAX contract, we will be going through all this again, unless he gets booted out next year, which I really hope happens. I expect Mr Echo will delete this comment again, they really don't like it when anybody says something against their best mate MacLoughlin........p s, love the security word "vote-want"
It is unfair on Mr MacLoughlin to say he is responsible for this mess. The planning permission for the Reef was given in 2004, and the contracts for the 'downgraded specification' reef were signed in the 2004/2005/2006 period. Remember Mr MacLoughlin and his party were the 'opposition' to the LibDems during that period. The only ones to blame for this white elephant are the LibDems. It was never going to work because the winds and tides in Poole Bay run the wrong way. I thought when the costs doubled the first time Cllr MacLoughlin had ordered an insurance policy be put in place to it to cover the eventuality that the reef didn't work the cost could be recovered. About time to contact the Insurance Company I think.
Good attempt to shift the blame
The Contract was signed by the current Tory administration at double the original price that was being disgussed supposedly because they had negotiated a better deal
Having said that at least you and I agree that it was never going to work because of the tidal flow in the bay and I said so at the time but the "experts" poo pooed it
This has been an unmittigated disaster and demonstrates how dificult it is for Councillors , of any persuasion, to prevent schemes like this proceeding when the majority are enticed with the utopia being presented by the officers and consultants.
One of the main influences that everyone is also ignoring is that a large number of Councillors, again from all parties , were insisting that the Capital receipt from the housing development was spent in that area instead of being used for other Capital schemes that could have been more benefitial.
I dont think there was an "insurance policy" only the idea of withholding the £300K until it worked
Does anyone really believe that the contractor is going to waste his time and money trying to make something work that at the end of the day won't incurring more cost for no return. I think not

reefwatching says...
4:53pm Thu 27 May 10

Glashen - In ASR's design contract (the construction contract is different) will be clearly stated their level of liability and an associated requirement to insure themselves to the same sum (to make sure they can pay up). The council could recoup some or all of costs by proving that they did not exercise reasonable skill or care in their design work, providing of course that the design contract includes some liability, normal in such projects. If, as the rumour goes, there is no liability in their design contract due to ASR requesting its removal (very shocking if true), then the council cannot hope to recoup any money.

Some people on here are confusing professional liability with consumer rights – I’m afraid to say that just because it does not work does not mean BBC can simply get a refund.

fedupwithjobsworths says...
5:17pm Thu 27 May 10

jobsworthwatch wrote:
In the news this week-"Olympic sized swimming pool and leisure complex opened in Hillingdon"! At £31 million, 10x the cost of the surf reef, possibly out of our jobsworths league (could we trust them with that amount of money?). Even so, had resources here been put into something similar it could be used by everyone and would be available 100% of the time, far more use to the residents of Bournemouth than this dis-functional, minority sport underwater folly!
1,000,000 X less (£3.10) is out of their league - I wouldn't trust them with the steam of my ****.

mta says...
6:12pm Thu 27 May 10

if the reef wasnt done would the area have looked a tip as it did before ??

Pro bono publico says...
11:32pm Thu 27 May 10

We could use some of the fly-tipped fridges and TV sets and dump them behind the reef to make a better wave.

FOSF says...
11:57pm Thu 27 May 10

No one is going to accept the blame for the surf reef. Not the Tories, or the LiberalDems. This is how they work, paperwork, contracts get pushed from one to the other. Signatures are appended at the last moment before polling is finished. Then the whole project is met with a Leisure group led by Roger Brown who thinks he can manipulate all and everyone into believing that it is a good thing. The Surf Reef is a failure. It has been from the outset, and will remain so. If ASR knows there is no money to come, they will not carry out any further work. If they do, how can they amend what they have already done. Those in the know have told them from the outset that it would not work. Many, including myself have said that the weather system, wave and current system does not allow what is needed to produce a good surf in that space. It is time to but it to the deep, and let nature take its course, and we end up with the most expensive fishing reef in the world. Now will Roger Brown and Co, Cllr McLaptop and Co, and any old hat LibDems, please shut the hell up, and let it rest. Wave good bye. You are all part and parcel of the **** up.

reefskeptic says...
9:29am Fri 28 May 10

I think council officers are finally listening to other councils and their experience.
.
http://www.stuff.co.
nz/taranaki-daily-ne
ws/news/3684453/Turb
ulent-dispute-over-s
urf-reef-could-be-he
aded-for-court

Azphreal says...
11:26am Fri 28 May 10

I notice that Adrian Fudge has got the self serving propoganda in all ready. As we are a laughing stock for the whole country (Last weeks 'have i got news for you') how about fighting for once council, Is the reef 'fit for purpose'? Did they fulfill their contract? Looking at how they have failed at other reefs who the hell thought it would be a good idea to hire them? Sorry but this talk of withholding the money is a joke,if you have a kitchen fitted and it costs more and does not work you DO NOT pay a bonus for the work so why do they think that withholding this money looks like they are taking a stand?

Bob49 says...
1:41pm Fri 28 May 10

"who the hell thought it would be a good idea to hire them"




Anyone who was aware that some kind of 'benefit' was needed to mask the true intent - flogging off a bit of our heritage to make money. Even if this absurdity have functioned as claimed it would not have attracted familes or led to this supposed tsunami of wealth washing up Sea Road cleansing all before it.



Uou've been had. Not by this failure but by the failure to see the real intent here. An enclosed, gated development for the priviliged few hiding behind some spurious tosh aboy regeneration.



No one, but no one will ever convince me that the work carried out by the council (not Barratts/Surf Shop,cafe stuff) was worth the nigh on £12m that was spent. Of which it looks like we've now got to stump up £3m plus to bail it out ! ! !



However 'less unpleasant' the area is now that is merely carried out as a means of enhancing the value of the properties in Moneycombe 'village' rather than for any local regeneration.


So maybe when a few folk stop regarding this as would someone complaining that the great train robbers broke the guards van doors, we might then just begin to get a grasp of the real story here.

psatlast says...
2:07pm Fri 28 May 10

When will Bournemouth stop trying to copy other places?There isn't the same seabed configuration or sea power as places like Torquay. Twinned with Lucerne?? Is Lucerne full of empty shops alkies and junkies?

reefwatching says...
4:26pm Fri 28 May 10

Azphreal - A contract is a contract, and if the council failed to include any liability in their design contract with ASR then they do not have a leg to stand on legally, whether the reef is 'fit for purpose' or not. Witholding the £150k is the only tool they appear to have. It's what happens when a Leisure Services department runs a multi-million construction contract. There are probably some very nervous people at the council, desperately hoping that the Audit Commission or Local Gov Ombudsman don't come a knockin'....

reefskeptic says...
10:29pm Fri 28 May 10

True liability would have included liquidated damages for non-completion in the first year. Remember the phrase "it must be finished this year"? By both council and the contractor?

time nor Tide says...
10:11am Sat 29 May 10

@reefwatching, you seem to have a bit of technical know how? Can you perhaps please explain why the origional 3d animation of the reef being built does not seem to be the same as the aerial pictures of it as it was being built? I seem to think that the even thickness small diameter layer (perhaps meant as a one to cover gaps) was meant to be over the larger bags. I (perhaps wrongly) believe that this layer was put down first. Then the larger varying diameter bags were then filled over what was meant to be the top layer. Perhaps this is the reason that the big gaps are causing problems? So the question is - was it for some reason built differently than how it was designed and portrayed in the 3d animation of it being filled? That may even be a reason for the contract to be broken by the contractor? Perhaps that means the contract should have been determined at that stage? That being another question - the main one being what are your thoughts on the way it was constructed in comparism to what the 3d rendered animation shows that it was to be constructed? Please solve my dilemma as it has become a conundrum that i cant resolve ?
Just look at the various pictures and what is your opinion?

whingeyminge says...
3:08pm Sat 29 May 10

whinge Whinge WHinge WHInge WHINge WHINGe WHINGE WHINGE! WHINGE!! WHINGE!!! - oh yes - keep whinging we will.

Stonehenge - oh yes - that's a nice attaction. You don't see the bottom stones on top of the top stones at Stonehenge. Not like this reef - upside down it is. That's why it doesn't even work. Well done reefwatching. All those surfers and university people and those ASR people - they didn't see it was upside down and you did. And you could see it when it was underwater. It's good you're sticking up for people like us. Nice families won't go to see an atrraction that's upside down.

whinge Whinge WHinge WHInge WHINge WHINGe WHINGE WHINGE! WHINGE!! WHINGE!!!

time nor Tide says...
4:39pm Sat 29 May 10

oh so sensitive - now I really do think somethings up? Just have a close look at those aerial photos and the origional animation? Why are there big gaps between big bags on the top? Thats not what the animation shows -maybe it was wrong?

caracus says...
4:46pm Sat 29 May 10

noel1 wrote:
rainbowkisses wrote:
And council leader Cllr Stephen MacLoughlin said: “Contractually it’s quite a clear situation we’re in. We’re entitled to expect the design contractor to deliver something that meets the specification. Until they do, they won’t be entitled to any part of the performance money.”...........


....... I wish that fool would sit down and shut up. It was him and his cronies that got us into this mess in the first place. Now he trying to make out how tough he is with ASR. Going by what I have seen, the Contract was written to benefit ASR NOT the Bournemouth tax payers. If this fool is in charge of the IMAX contract, we will be going through all this again, unless he gets booted out next year, which I really hope happens. I expect Mr Echo will delete this comment again, they really don't like it when anybody says something against their best mate MacLoughlin........p


s, love the security word "vote-want"
It is unfair on Mr MacLoughlin to say he is responsible for this mess. The planning permission for the Reef was given in 2004, and the contracts for the 'downgraded specification' reef were signed in the 2004/2005/2006 period.

Remember Mr MacLoughlin and his party were the 'opposition' to the LibDems during that period.

The only ones to blame for this white elephant are the LibDems.

It was never going to work because the winds and tides in Poole Bay run the wrong way.

I thought when the costs doubled the first time Cllr MacLoughlin had ordered an insurance policy be put in place to it to cover the eventuality that the reef didn't work the cost could be recovered. About time to contact the Insurance Company I think.
Personally I think MacLaughlin has zero respect and should resign or be fired from his position not just for his support of the reef but for his pooorn antics on the laptop. Beesley should be fired for ignoring planning permission to Barretts who have added extra floors to the Honeycombe scam building and as for Brown, he is clearly taking the micky by still picking up his gross salary, All these three are paid over the top money by us. Maybe we should withhold our council tax ubtil these self servers are removed.

time nor Tide says...
4:53pm Sat 29 May 10

so woolami or wing-ming theres nothing to complain about at all is there? Just an entire towns expectations taken on a rolla-coaster ride by the likes of you. Then to be laughted at by you for being out of pocket for 3mill? Nuh nothing to complain about at all? Just take care of the ming vase as it has to be returned! (funny you should be so obvious).

whingeyminge says...
6:00pm Sat 29 May 10

Oh - there's plenty to complain about. A bus stop that isn't usable, no clean facilities, not a bit of china or a proper tablecloth to be seen, waitresses who wouldn't know how to tie on a pinny if their lives depended on it. We have plenty to complain about. And we know your game. Trying to get more money for your blessed reef. Well this is the place to come and complain and we won't be stopped by people like you. Bob49 is right - smokescreen that's what you are trying to make. We'll everyone can see through it.

And there's more we can complain about - oh yes there is. Killer pitbulls and thier muck all over the park. That fountain - well I never. Who's going to come to Boscombe with a fountain like that. Tattoos on everyone and hair that needs a cut. You can try to stop us but this is the place for us to complain. Sainsburys - that used to be a good place to complain, but those young girls on the tills these days won't give you a minute. Oh no - too busy sending your items down faster than you can pack them on purpose and then drumming their fingers. And the Post Offiec. That's a good place to complain. But this internet - this will let folk know you can have a good complain in Bournemouth - then we might get some decent people to visit.

colin 50 says...
9:35pm Sat 29 May 10

The discussion sparked a warning from executive director Tony Williams against using inappropriate language. “Words like ‘misleading’, ‘squandered’ and ‘beyond belief’ may play well with the local media but they don’t have a place in this chamber,” he said. "how right he is shambles, fiasco, white elephant, incompetent,and lies are more appropriate. there is not one person involved in this mismanagement of residents money who has the balls to hold up his hand and say yes we got it wrong,instead they just keep robbing the public purse with their inflated expenses which matcth their inflated egos,especialy the council leader and his hot laptop

time nor Tide says...
11:18pm Sat 29 May 10

wingy , the diversion tactic is sad and pathetic.

Moaning Minni says...
12:38pm Sun 30 May 10

You leave Whingey alone. He's right. This the place to do our moaning and everyone knows it. And this reef thing - it needs moaning about. I saw them down there this morning I did - those surfers. I asked one what the reef was like and you can't believe what he said - "it's alright on it's day but a bit hit and miss". "Hit and miss" - for goodness sake. £3million and it's a bit hit and miss. I let him have it with both barrels I did. He won't be back. That's what we do - go right up to them in their face and ask them and then let them have it. They don't like it when you go right in their faces and give them a good moaning at. And we all do it - lots of us. And this website. We can come on here and moan as much as we want about this reef. That ASR need to know who they are dealing with. They should have known before they started what they'd get.

caracus says...
6:23pm Sun 30 May 10

If you want some justice email or write to the Audit Commission or Local Gov Ombudsman and demand an inquiry. Maybe then the charlatans will be brought to account.

caracus says...
6:24pm Sun 30 May 10

If you want some justice email or write to the Audit Commission or Local Gov Ombudsman and demand an inquiry. Maybe then the charlatans will be brought to account.

time nor Tide says...
8:33am Wed 2 Jun 10

safety concerns highlighted for artificial reef in New Zealand
.
http://www.bayofplen
tytimes.co.nz/local/
news/our-view-dont-g
o-in-water-thinking-
its-safe/3915101/

peter hurt says...
11:44am Wed 2 Jun 10

How about something for locals and tourists alike.... Get a load of car bodies. Clean them of oil, fluids, carpets etc Take out the glass then dump them in five or six metres of water. Make a real artificial reef. Get the fish back. Fishermen (women too, sorry ladies) will flock if there's a real chance of fish. The reef will also keep the odd Spanish trawler at a distance. Cost... almost nothing. It works well here. Heck we even clean up the odd old warship and do it. Divers love it too.

woolamai says...
4:39pm Thu 3 Jun 10

C'mon Mel. Give 'em another poke with the pointy stick. There's years of sport left in this yet. Plus it'll stop them clogging up MSW with their piffle.

sherlock_holmes says...
9:59am Fri 18 Jun 10

@woolamai.
.
After all you have said, claimed and got -how you you talk with any sort of guise at all?


GIVE US A WAVE: Body boarding on the Surf Reef back in March GIVE US A WAVE: Body boarding on the Surf Reef back in March

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