Landlord Legal Expenses Insurance Policy

Welcome

Thank you for choosing us to provide your Landlord Legal Expenses Insurance Policy, which is underwritten by Financial & Legal Insurance Company Limited. You now have legal expenses insurance to protect you in relation to the cover set out in this Policy.

A summary of the cover provided by this Policy is shown in your Insurance Product Information Document (IPID).

You are entitled to cancel your Policy with a full premium refund within 14 days of its starting, provided that there have been no claims. Please see the cancellation condition under the Conditions.

Our Agreement

This insurance is a contract between us (Financial & Legal Insurance Company Limited) and you (the Policyholder shown in the Certificate of Insurance). This is a claims made Policy which means that for there to be a valid claim under the Policy, claims must be reported to us during the Period of Insurance

We will, subject to the terms of this Policy, provide you with the insurance set out in the Policy in respect of claims reported to us during the Period of Insurance shown in the Certificate of Insurance and for any subsequent period for which we may accept a renewal premium.

You must ensure that all the information you have given to us is accurate to the best of your knowledge. We will be entitled to refuse to accept a claim where you do not take reasonable care not to make a misrepresentation.

The Policy, Certificate of insurance and any endorsements must be read together as one document. Signed on our behalf

Nick Garner, Chief Executive Officer

Financial & Legal Insurance Company Limited

Each of the words or terms has a specific meaning which applies wherever they appear in bold type in this Policy.

Appointed Representative: means the claim negotiator, lawyer or other suitably qualified person appointed by Us to act on behalf of the Insured Person, in accordance with Our standard terms of appointment. Costs and Expenses: means all necessary and reasonable

  1. Fees, costs, disbursements and expenses charged by the Appointed Representative and agreed by Us;
  2. Opponent’s costs in civil cases where the Insured Person Is ordered to pay them or where We agree Us;
  3. Opponent’s costs in civil cases where the Insured Person is ordered to pay them or where We agree to pay them in pursuing the claim Including the costs of any appeal or defending an appeal, provided the Insured Person tells Us within the time limits and provided that We agree to the appeal.

Insured Person:

means You and any director, partner and employee of Your business provided that they have Your permission to claim under this Policy. Insured Property: means the properties to be insured, shown in the Certificate of Insurance, which are let by You to a Tenant.

Legal Proceedings: means a legal remedy for compensation, eviction, specific performance or  an injunction.

Reasonable Prospects: means that in respect of each claim there is always more than a 50% chance of the Insured Person recovering damages, defending a claim or prosecution or obtaining a legal remedy. This will be assessed by Us or the Appointed Representative.

Tenant:

means the person(s) who occupies (or has occupied) the Insured Property under a tenancy agreement with You.

 We/Us/Our: means Financial & Legal Insurance Company Limited.

You/Your:

means the Policyholder shown in the Certificate of Insurance attached to this Policy.

Tenancy Check Requirements: means that prior to the commencement of any tenancy agreement relating to an Insured  Property, You have obtained for each Tenant and guarantor (if applicable):

  1. A satisfactory credit reference check to include the Enforcement of Judgments Office, County Court Judgments and bankruptcy against the Tenant and guarantor (if applicable) from a licensed credit referencing agency or from a licensed credit firm. The credit reference check must have been carried out within 45 days of the Tenancy Agreement.
  2. The satisfactory credit reference check must be clear of County Court Judgments (CCJ’s - last  three years and none outstanding), show no previous bankruptcies and a good credit score demonstrating the Tenants’s and guarantor (if applicable) ability to meet their rent commitments.
  3. Confirmation from the Tenant or guarantor (if applicable) that have sufficient income to meet the rent commitments.
  4. Two forms of identification for the Tenant and guarantor (if applicable) including one with photographic identification.

You now have access to LawAssure, an Online Legal Document Service that provides access to an extensive range of legal  documents. This will provide you with:

  • Access to a range of free legal documents.
  • A step-by-step walkthrough to assist you in completing the documents.
  • Access to documents which you can try for free before purchasing.

To access this site please go to: www.Iawassure.co.uk/fli You will  need to register Your account:

  1. Click on Register.
  2. Enter Your voucher code ‘ARK01’ and click Validate voucher.
  3. Complete the registration details and keep a note of Your username and password.

You will only need to complete this process once. Once registered You will be able to access the site by entering Your username and password details in the boxes provided for existing users.

We will, subject to What is NOT Insured, the Claims Settlement Provisions and Conditions of this Policy provide the insurance in relation to the Insured Incidents, shown as operative in the Certificate of Insurance, set out below.

 

Provided that:

  1. Reasonable Prospects exist for the duration of the claim.
  2. The claim is reported to Us
  1. During the Period of Insurance, and
  2. Immediately after the Insured Person became aware of circumstances which may give rise to a

 

  1. The Insured Person follows the advice provided to the Insured Person by Our Claims and Advice Service.
  2. The Insured Person seeks and continues to follow the advice from Our Claims and Advice Service.
  3. During the course of any dispute from the date that the Insured Person became aware of the dispute and throughout the duration of the dispute the Insured Person keeps us up to date with all developments and the Insured Person follows and continues to follow the advice from Our Claims and Advice Service.
  4. The event which leads to a claim arises in connection with Your business as a landlord.
  5. The Insured Property is situated in the United Kingdom.
  6. You have complied with the terms of the Tenancy Check Requirements in respect to each Tenant or Guarantor (if applicable).

We will not pay:

  1. In respect of any one claim and in total in any one Period of Insurance more than the relevant Limit of Liability and the annual aggregate limit shown in the Certificate of Insurance.
  2. The amount of any Excess shown in the Certificate of Insurance in respect of each claim.
  3. Any claim or incident which may lead to a claim and which the Insured Person knew about or ought reasonably to have known about before the start of this Policy.

We will, subject to What is NOT Insured, the Claims Settlement Provisions and Conditions of this Policy provide the insurance in relation to the Insured Incidents, shown as operative in the Certificate of Insurance, set out below.

 

Provided that:

  1. ReasonableProspects exist for the duration of the
  2. The claim is reported to Us
    1. Duringthe Period of Insurance, and
    2. Immediately after the Insured Person became aware of circumstances which may give rise to a
  3. The Insured Person follows the advice provided to the Insured Person by Our Claims and Advice
  4. The Insured Person seeks and continues to follow the advice from Our Claims and Advice
  5. During thecourse of any dispute from the date that the Insured Person became aware of the dispute and throughout the duration of the dispute the Insured Person keeps us up to date with all developments and the Insured Person follows and continues to follow the advice from Our Claims and Advice
  6. Theevent which leads to a claim arises in connection with Your business as a 
  7. The Insured Property is situated in the United
  8. You havecomplied with the terms of the Tenancy Check Requirements in respect to each Tenant or guarantor (if applicable).

We will not pay:

  1. Inrespect of any one claim and in total in any one Period of Insurance more than the relevant Limit of Liability and the annual aggregate limit shown in the Certificate of
  2. The amount of any Excess shown in the Certificate of Insurance in respect of each
  3. Anyclaim or incident which may lead to a claim and which the Insured Person knew about or ought reasonably to have known about before the start of this 

 

  1. Rent Recovery

We will pay the Costs and Expenses in relation to the pursuit of Legal Proceedings for undisputed and unpaid rent, in relation to an Insured Property, which is due under the terms of the tenancy agreement between You and the Tenant.

Provided that

  1. The amount in dispute exceeds the amount shown in the Certificate of
  2. Any claim for undisputed and unpaid rent is notified to Us within 45 days from the date the rent was first disputed or due and
  3. All Your normal credit control procedures have been exhausted or You have made reasonable efforts to recover the unpaid

 

  1. Tenant Eviction

We will pay the Costs and Expenses in relation to the pursuit of Legal Proceedings in respect of obtaining vacant possession  from the Tenant of the Insured Property at the expiry of a valid notice to quit being served.

  1. Tenant Property Damage

We will pay the Costs and Expenses in relation to the pursuit of Legal Proceedings in respect of damage resulting from the Tenant failing to return the Insured Property in the same condition as at the commencement of the tenancy.

Provided that

  1. The amount in dispute exceeds the amount shown in the Certificate of Insurance.
  2. An inventory of the property has been obtained and agreed by both parties prior to the commencement of the  tenancy.

We will not pay for any claim relating to or resulting from depreciation and wear and tear.

  1. Legal Defence

We will pay the Costs and Expenses for defending an Insured Person’s rights relating to any prosecution in a criminal court arising from the letting of the Insured Property.

  1. Squatter Protection

We will pay the Costs and Expenses in relation to the pursuit of Legal Proceedings an Insured Person is able to pursue in respect of an Insured Property arising from:

  1. A trespass
  2. An unauthorised occupation
  3. Damage caused to the Insured Property by a trespasser or unauthorised occupier.

Provided that the amount in dispute exceeds the amount shown in the Certificate of Insurance.

  1. Property Disputes

We will pay the Costs and Expenses for the pursuit or defence of Legal Proceedings relating to:

  1. An incident which causes or could cause physical damage to the Insured Property.
  2. Any unlawful interference of Your use or enjoyment or right of the Insured Property. 

Provided that:

  1. The amount in dispute exceeds the amount shown in the Certificate of Insurance.
  2. The Insured Property are situated in the United

 

We will not pay for:

  1. Any claim relating to the rent, service and maintenance charges or renewal of a tenancy
  2. Any claim relating to
  3. Any claim relating to work done by any government or local authority unless the claim is for accidental physical damage to the Insured
  4. Any claim relating to subsidence, heave, landslip, mining or
  1. Tenancy Check Requirements

Any claim where prior to the commencement of any tenancy agreement relating to an Insured Property an Insured Person has failed to comply with all the requirements of the Tenancy Check Requirements.

  1. Prior Claims

Any claim or incident which may lead to a claim and which the Injured Person knew about or ought reasonably to have known about before the start of this Policy.

  1. Prior Costs and Expenses

Any costs incurred before a claim is made and any Costs and Expenses, which We do not authorise.

  1. Dishonesty, Deliberate Acts, Violence, Criminal Acts and Fraud

Any claim

  1. Involving actual or alleged dishonesty, violence or any deliberate or criminal act or omission by the Insured Person.
  2. Or statement, which is overstated, false or fraudulent.

We will have the right to refuse to pay a claim or to void this insurance from the date of the act.

  1. Judicial Review, Mediation and Arbitration, Marital and Family Disputes, Intellectual Property, Libel and Slander, Share Options, Pensions and Date Change, Mortgage Lender Any claim directly or indirectly relating to or resulting from
  1. A judicial review.
  2. Mediation and arbitration.
  3. Divorce, matrimonial matters, cohabitation, maintenance, custody or access.
  4. Copyright(s),  trademark(s), merchandise mark(s), registered design(s) or other intellectual property rights or secrecy and confidentiality agreements.
  5. Libel or slander.
  6. Any share option or pension scheme or policy.
  7. Any device failing to recognise, interpret or process any date as its true calendar date.
  8. Any dispute arising between the Insured Person and any agent or mortgage lender.

 

  1. Bankruptcy, Liquidation or Receivership

Any claim where the Insured Person ls bankrupt, in liquidation, has made an arrangement with their creditors, has entered into a Deed of Arrangement or where part or all of the Insured Person’s affairs or property is in the care or control of a receiver or an administrator.

  1. Other Insurance

Any Costs and Expenses, which can be recovered by an Insured Perron under any other insurance or which would have been covered if this insurance did not exist except for any amount in excess of that which would have been payable under such insurance(s).

  1. Fines and Penalties

For fines, damages or other penalties which the Insured Person is ordered to pay by a court or other authority.

  1. Disputes with Us and Family Members
  1. Any claim against Us (Financial & Legal Insurance Company Limited) or Arkwright Insurance Brokers Limited.
  2. Any dispute between an Insured Person and any domestic partner or family members permanently living with an Insured Person.
  3. Any dispute between family members or any domestic partner of the Tenant.
  1. War Risks

Any claim arising from any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, confiscation, requisition, terrorism or alleged acts of terrorism as set out in the Terrorism Act 2000, or damage to property by or under the authority of any government, public or local authority.

  1. Radioactive Contamination and Pressure Waves

Any claim, which arises from or is directly or indirectly caused by, contributed to, by or arising from any of the following, or from any similar reaction or event

 

  1. lonising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
  2. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear  component of such assembly;
  3. Pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds.
  1. Territorial Limits Any claim:
  2. Where the dispute is pursued outside the jurisdiction of a court or other body within the United Kingdom;
  3. Which occurs outside the United Kingdom;
  4. Where the Insured Person permanently lives outside the United
  5. Notice to Quit

Any claim where the relevant Notice to Quit was served by You on the Tenant before the inception of the Policy.

  1. Proportionality

Any claim where, in Our opinion, the value/amount in dispute is disproportionate to the time and Costs and Expenses  involved in its pursuit.

  1. VAT

Any claim for the VAT element of the Costs and Expenses, if You are registered far VAT.

  1. Reasonable Precautions

The Insured Person must take all reasonable precautions to reduce or remove the risk of a claim and not take any deliberate acts which will result in a claim.

  1. When You Must Report a Claim to Us

The Insured Person must tell Us immediately of any circumstances which may give rise to a claim.

  1. Acceptance of Claim

On receipt of the claim it will be assessed and dealt with by Our in-house claims negotiators and, if appropriate and if Reasonable Prospects exist and the claim is reported to Us immediately after the Insured Person becomes aware of circumstances which may give rise to a claim, We will then instruct an Appointed Representative to handle the claim on behalf of the Insured Person. If there is a dispute as to whether Reasonable Prospects exist, We may require the Insured Person, at the Insured Person’s own expense, to obtain Counsel’s opinion as to the merits of the case. The costs will be refunded to the Insured Person if Counsel‘s opinion clearly shows that there are merits in proceeding. 4. Conduct of the Claim

  1. We will be entitled
  • To have direct contact with the Appointed
  • To take over and conduct in the Insured Person’s name any claim or Legal Proceedings at any time and negotiate any claim on behalf of the Insured
  • To refuse to accept a claim or continue with a claim where the Insured Person does not take reasonable care not to make a misrepresentation or has failed to supply relevant information and supporting evidence to Us or the Appointed
  1. What the Insured Person must do
  • Provide, at the Insured Person‘s own expense, the Appointed Representative and Us with any proof, evidence, certificates and assistance as We may reasonably ask for in connection with the claim, including proof as to whether Reasonable Prospects exist.
  • Cooperate fully with the Appointed Representative and Us and provide, within a reasonable time, avoiding any unnecessary delays, any relevant requested information and documentation in relation to the claim.
  • Take all reasonable steps to recover Costs and Expenses and to minimise the amount payable under this Policy.
  • Take all reasonable steps to resolve disputes that otherwise may give rise to a claim.
  • Notify Us and the Appointed Representative immediately of any offer to settle a claim or of any payment into  court.
  • Tell the Appointed Representative to have Costs and Expenses taxed, assessed and audited if We request.

What the Insured Person must not do

  • Under no circumstances must the Insured Person accept or reject an offer to settle a claim without Our consent or the consent of the Appointed Representative.
  • Withdraw from any claim without Our consent or the instructions from Us or the Appointed Representative.
  • Pursue a claim in any way against the advice or withdraw instructions from Us or the Appointed Representative without Our consent.
  • Incur any Costs and Expenses without Our consent or the consent of the Appointed Representative.
  • Agree to settle any claim on any basis or reject any offer to settle a claim, without Our consent or the consent of the Appointed Representative.

Please Note

We will be entitled to be reimbursed by the Insured Person for any Costs and Expenses previously agreed or paid to or on behalf of the Insured Person if the Insured Person breaches any of the conditions in (ii) and (iii) above.

  1. Payment Instead of Pursuing or Defending a Claim

At any time We will be entitled to pay the reasonable amount of damages claimed if in Our opinion this would be a more economic solution.

  1. Legal Proceedings

Any Legal Proceedings must be dealt with in the jurisdiction of a court or tribunal in the United Kingdom.

  1. Choice of Appointed Representative

If there is a conflict of interest, or if the claim is not settled by negotiation and it then becomes necessary to start court proceedings, only then will the Insured Person be entitled to choose their own lawyer for Us to instruct as the Appointed Representative to handle the claim.

Where we have agreed someone other than our nominated Appointed Representative may act for the Insured Person, we will not pay any sums in excess of what we would have paid to an Appointed Representative that we would have appointed to undertake the same work, which is currently set at an hourly rate of £125 + VAT.

Conditions

Anyone making a claim under this Policy must have Your permission and observe the terms under this Policy.

You may cancel this Policy within 14 days of its inception without any premium charge provided that there have been no claims. Thereafter, You may cancel the Policy at any time, however no refund of premium will be available. If You cancel the Policy You must contact Your insurance adviser.

We may cancel this Policy at any time provided that We give You 7 days’ notice of cancellation and there is a valid reason for doing so. Valid reasons for cancellation include, but are not limited to fraud, dishonesty and any outstanding amount due from You in relation to any other claim under the Policy. Where We cancel this Policy no refund of premium will be available. If We cancel the Policy We will write to You at Your address shown in Our records.

Any dispute or difference of any kind between Us and an Insured Person will be referred to arbitration by a single arbitrator who will be either a barrister or solicitor. If the parties are unable to agree on the appointment of an arbitrator, all parties agree to accept an arbitrator nominated by the President of the relevant national Law Society. The arbitrator’s decision will be final and binding on all parties and the unsuccessful party shall be responsible for any costs incurred by the successful party in the arbitration proceedings as well as their own costs.

If during the Period of Insurance, any changes should be made (whether issued or implemented by any relevant authority or otherwise) to applicable rules, laws, legislation judgements, regulations, directives, guidance, codes of conduct, recommendations or requirements or any other rules, instruments and provisions in force from time to time which alter or affect (or may alter or affect) in any way the legal costs regime to Our or Your material detriment, We reserve the right to amend this Policy to deal appropriately (fairly to both You and Us) with such changes. In those circumstances We will issue an endorsement to this Policy notifying You within 21 days of the proposed changes by sending to You details of those changes to Your last known address. You will, however, be free to accept or reject those changes in line with the procedure set out in the endorsement.

Unless expressly stated in this insurance, nothing in this insurance will create any rights in favour of any person pursuant to the Contracts'(Rights of Third Parties) Act 1999.

If We or any Insured Person fail to exercise or enforce any rights conferred on them by this insurance, the failure to do so will not be deemed to be a waiver, nor will it be the exercise or enforcement of, such rights at any subsequent time.

We reserve the right, at Our own expenses, to take proceedings in the name of the Insured Person to recover any payment made under this Policy. If an Insured Person recovers Costs and Expenses previously paid under this Policy such Costs and Expenses must be immediately repaid to Us.

If You are a natural person, this Policy is subject to the law applicable to Your place of residence in the United Kingdom. If You are a business, this policy is subject to the law applicable to the place Your business is registered In the United Kingdom.

This insurance is between and binding upon Us and You and their respective successors in title, but this Insurance may not otherwise be assigned by You without Our prior written consent.

If You need to contact Us or need to make a claim You can:

  • Call Us on 0161 4921639
  • Email Us at nonmotorclaims@financialandlegal.co.uk
  • Write to Financial & Legal Insurance Company Limited, 1 Lakeside, Cheadle Royal Business Park, Cheadle, Cheshire, SK8 3GW.

If there is a claim, which is covered by the Policy We will then send the Insured Person a claim form to be completed and returned to Us.

If the claim Is reported to Us during the Period of insurance and is accepted and Reasonable Prospects exist, the claim will be handled by Our specialist claims unit or We will Instruct an Appointed Representative or other suitably qualified representatives to act on behalf of the Insured Person. Please note that

  • Any costs incurred before a claim is made and any costs which We do not authorise are not insured by this Policy.
  • Under this Policy there must be Reasonable Prospects for any claim to proceed.
  • If there is any conflict of interest or if court proceedings are to be issued only then will the Insured Person be entitled to choose their own

Our aim is to provide a first cIass standard of service at all times.

If You feel that You have been let down and You wish to raise a Complaint about the sale of this Policy, please contact Your insurance adviser.

If You feel that We have let You down and You wish to raise a complaint, please contact Us by telephone on 0161 6032230, by email to complaints@financialandlegal.co.uk or in writing to Financial & Legal Insurance Company Limited, No. 1 Lakeside, Cheadle Royal Business Park, Cheadle, Cheshire SK8 3GW. Please quote the Certificate number on Your Certificate of Insurance on all correspondence.

Our staff will attempt to resolve Your complaint within 3 business days of receipt and a summary resolution communication letter will be sent to you. Where this is not possible, We will acknowledge Your complaint promptly. If the complaint is not resolved within 4 weeks of receipt, We will write to You and let You know what further action We will take. A final response letter will be issued within 8 weeks of receipt.

If, upon receipt of Our letter in response to Your compIaint You remain dissatisfied, You may refer Your Complaint to the Financial Ombudsman Service. You can contact the Financial Ombudsman Service at: Exchange Tower, London, E14 9SR.

The use of these facilities does not affect Your right to take legal action.

Data Protection

Arkwright Insurance Brokers Limited and Financial & Legal Insurance Ltd are the Point Data Controllers and under this section We/Us/Our incIudes Arkwright Insurance Brokers Limited.

Information may be used by Us, agents and service providers for the purposes of insurance administration, underwriting, claims handling or for statistical purposes. The lawfuI basis for the processing is that it is necessary for Us to process Your personal information to enable the performance of the Insurance contract, to administer Your policy of Insurance and/or handle any insurance claim  You may submit to Us under this policy. The processing of Your personal data may also be necessary to comply with any Legal obligation We may have and to protect Your interest during the course of any claim. What we process and share.

 

The personal data You have provided, We have collected from You, or We have received from third parties may include

 

  • Name; date of birth, residential address and address history.
  • Contact details such as email address and telephone
  • Financial and employment
  • Identifiers assigned to Your computer or other internet connected device including Your Internet Protocol (IP)
  • Health or criminal conviction
  • Vehicle or household
  • Any Information which You have provided in support of Your insurance

 

We may receive information about You from the following sources:

 

  • Your insurance
  • From third parties such as credit reference agencies and fraud prevention agencies.
  • From insurers, witnesses, the Police (in regards to incidents) and solicitors, Appointed Representatives.
  • Directly from You.

 

We will not pass Your information to any third parties except to enable Us to process your claim, prevent fraud and comply with legal and regulatory requirements: In which case We may need to share Your information with the following third parties within the EU:

  • Solicitors or other Appointed Representatives.
  • Underwriters, Reinsurers, Regulators and Authorised/Statutory Bodies.
  • Fraud and crime prevention agencies, including the
  • Other suppliers carrying out a service on Our, or Your

 

We will not use Your information for marketing further products or services to You or pass Your information on to any other organisation or person for sales and marketing purposes without Your consent.

 

Data Retention

We will hold Your details for up to seven years after The expiry of Your policy, complaint and/or claims settlement.

 

Your rights

 

Your personal data is protected by legal rights, which include Your rights to:

  • Object to Our processing of Your personal
  • Request that Your personal data is erased or
  • Request access to Your personal data and date portability.
  • Complain to the Information Commissioner’s Office, which regulates the processing of personal

 

 

You can request to see what data We hold on You, there is no charge for this service.

 

If You have any questions about Our privacy policy or the Information, We hold about  You please contact Us.

Armour Legal is an entity of Arkwright Insurance Brokers Limited. The insurance is administered by Arkwright Insurance Brokers Limited authorised and regulated by the Financial Conduct Authority (Reg No. 434855). Registered Office: 115 Blackburn Road, Bolton, BL1 8HF. Registered In England No. 5479162. The insurance provided by this policy is underwritten by Financial & Legal Insurance Company Limited authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under No. 202915. Registered in England under Company No. 03034220.

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Armour Legal an entity of Arkwright Insurance Brokers Limited. The insurance is administered by Arkwright insurance Brokers Limited authorised and regulated by the Financial Conduct Authority (Reg NO. 434855). Registered Office: 115 Blackburn Road, Bolton, BLI 8HF. Registered in England No. 5479162.
The insurance provided by this is underwritten by Financial & Legal Insurance Company Limited authorised the prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under No. 202915. Registered in England under Company No. 03034220

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