Page 93

For Immediate Release



101 Arch Street
Boston, MA 02110
Tel: 617.556.0007 I Fax: 617.654.1735
www.k-plaw.com

Contact: Richard Holland
617-556-0007
rholland@k-plaw.com

KP LAW REPRESENTS TOWN OF PLYMOUTH IN LANDMARK $22.8 MILLION SETTLEMENT OVER SEWER COLLAPSE

BOSTON, MA- KP Law attorney Richard Holland successfully represented the Town of Plymouth in two lawsuits arising from the collapse of the Town’s 4.5 mile sewer force main in December 2015 and January 2016, after little more than 13 .5 years in operation. The collapse of the force main resulted in significant damages to the Town, substantial risk of harm to public health and safety, and a lawsuit by the Commonwealth of Massachusetts for alleged violations of environmental laws and permits against the Town and Veolia Water, which operates and maintains the Town’s sewer system under a long-term service contract. Seeking to recover costs to repair the force main and other damages, the Town sued Veolia Water and a number of other parties, including CDM Smith, Inc. and Stantec Consulting Services, Inc., which had worked on the design of the force main. The Town asserted that the force main had collapsed from internal corrosion due to the presence of hydrogen sulfide, a condition which the Town alleged had been caused by Veolia Water’s failure to maintain the force main and by defects in the design of the force main. After years of litigation among the parties, the lawsuit was settled shortly before trial for payment to the Town of $22,825,000.00.

The Commonwealth’s lawsuit was resolved in 2018, with Veolia Water paying a civil penalty to the Commonwealth.

Attorney Holland was assisted in the litigation by Attorney David Doneski, as well as by other attorneys in the firm’s litigation department.

KP Law provides legal representation and comprehensive legal services to cities, towns and other governmental bodies throughout the Commonwealth of Massachusetts. Attorneys Holland and Doneski are shareholders of the firm. Attorney Holland concentrates on the litigation of complex contract disputes, including construction and design defect claims. Attorney Doneski concentrates on municipal-law practice as well as the litigation of complex contract disputes. Together they have litigated many contract disputes for the firm’s clients throughout the Commonwealth. More information about the firm and its attorneys may be found at www.k-plaw.com.

Questions about the litigation and settlement may be directed to Attorney Richard Holland at 617-556-0007.

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You’ll never hear me say…

Thirty years is a long time for a career as a consultant. It’s time for me to shift my attention to Julia, family, grandkids and guitar. I’m not the “retiring type,” but I will become so at the end of this year.

For the past few months, I’ve reprised some of my best columns from the past years.

Ed Henninger is an independent newspaper consultant and the Director of Henninger Consulting. He can be reached at (803) 325-5252.

This one focuses on things a good designer should never say.

Throughout my career as a consultant, I’ve heard managers, editors—yes, even designers—say things that disappoint me. I made up my mind many years ago to avoid saying those things and I hope that you’ll put them on your list of things you’ll never say.

Here they are:

“Let’s play with the design.”
Nope. Design isn’t play. It’s hard work. If you’re not ready to do that hard work, then you’re not ready to be a designer.

“We have color on every page now. Let’s use as much color as we can.”
No, let’s not. Many things are still said better in black and white.

“We’re in the business of writing.”
No we’re not. We are in the business of bringing meaning to readers’ lives.

“There are no rules.”
Oh, yes there are. Lots of them. And you’d better know what they are before you can even begin to think you’re ready to break them.

“Times is a good typeface for text.”
No. It’s not.

“It’s OK to write long stories. Readers will take the time to read them.”
No. They. Won’t. More now than ever, readers want their information in smaller pieces. They will take the time for a longer story—if you take the time to break it into shorter chunks.

“It’s OK to make the text just a bit smaller on this story. It’s a good piece and we have to fit it in.”
Never. Edit…edit…edit. The story has not been written that can’t be cut.

“Let’s jazz it up.”
Design is not about “jazz.” It’s about organizing content and giving that content quality display.

“Readers want more stories, not more photos.”
Oh, yeah? Then why is it that research shows time and again that the first thing readers look at on a page is the photo (or other visual)?

“Body text should be set justified.”
Says who? More and more newspapers (and other publications) use flush left text. Most readers don’t notice—and those who do, don’t care.

“It’s OK to miss deadline.”
No. It’s not. Ever.

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From NBA to Trump to our ears and eyes, how free speech works

GenePolicinsky
Gene Policinski First Amendment

Gene Policinski is president and chief operating officer of the Freedom Forum Institute. Email him at
gpolicinski@freedomforum.org
and follow him on Twitter at @genefac.

Let’s chat for just a moment about free speech.

Many of us have been talking about that very subject recently, from NBA stars and league executives to Chinese government officials, from President Trump to journalists and members of Congress.

Some ground rules for our conversation: The First Amendment protects us from government attempts to control what we say, or from punishment simply for having said it. Freedom of speech — one of five freedoms in the amendment — offers no protection from private companies or individuals who don’t like what we say or hold other views.

The First Amendment only applies in the United States. Other nations may have rules or laws that in some fashion say they protect or really do protect freedom of speech, but none has quite the same strong constitutional protection that we have in the U.S.

And even after 220-plus years, we’re still working out how First Amendment freedoms apply here to everyday situations. Let’s continue the conversation with some real-life examples.

The National Basketball Association has been working for several decades to build its audience in China, where it’s reported more people watch NBA games on TV than do people in this country. A carefully crafted combination of sports and marketing took a real hit in a matter of days recently, after a Houston Rockets executive tweeted an innocuous message of support for protesters in Hong Kong — who it’s worth noting, were protesting in part any attempt by Chinese officials to limit their free speech. The tweet: “Fight for freedom. Stand with Hong Kong.”

Chinese state television stopped broadcasting and streaming the Rockets’ games. Pre-season game broadcasts of several other NBA teams were dropped. Government-controlled Chinese companies dropped their NBA-related sponsorships. Banners touting NBA stars and events were torn down from buildings. And state-owned news media called on NBA players and executives to be more “respectful” of that nation’s internal policies and to consider how “rioters” in Hong Kong pose a threat to life and property there.

China makes no pretense of protecting free speech when it involves the government’s policies there — so yet another lesson: While our freedom of speech is protected from our government, it affords no such defense against other governments.

President Trump this week threatened this week to sue CNN, following release of “undercover” video by the self-styled conservative media criticism operation called “Project Veritas,” which purports to demonstrate bias against him by CNN.

One hurdle such a lawsuit will face is that the First Amendment’s provision for free speech and free press don’t have a “fairness” requirement. While our laws do allow challenges to speech that is immediately threatening, or is libelous, there’s no such provision for requiring anyone — from a cable network to any one of us — to be nice or “fair” when speaking about a politician. The First Amendment does provide that Trump or any other political officeholder can use his or her own free speech rights — in his case, a Twitter account with a massive following — to counter such alleged bias.

Moving from the courtroom to Congress, there are suggestions of future laws to prevent hateful speech, speech that glorifies violence, to ban so-called “deep fake” videos (which use new technology to falsify video images and scenes) or to filter out what someone would determine are false and misleading statements about political candidates. Most, if not all, of those efforts start with good intentions: to make our society a more civil, honorable place.

But on the pragmatic level, each runs up against a free-speech concept strongly held in place so far by the U.S. Supreme Court: That such social issues and values involving free expression should be settled by public debate and discussion, not by court or legislative decision.

Yes, such debates and discussions may well have a price or penalty for participation — starting with no  guarantee of civility or fair play. NBA superstar LeBron James — despite a reputation for speaking out in defense of those challenging authority — nonetheless faced a Twitter firestorm for comments he made that many saw as critical of the original Hong Kong tweet, though he denies that intent. The exchanges between Trump and his critics carry a special vitriol, which damages his reputation with some and damages his critics’ standings with others.

In the end, we all may need to see, hear or read ideas that offend, anger or even sicken us — across the widest possible spectrum of views if only, as one Supreme Court justice once wrote, to be better prepared to argue against them.

To speak frankly, that’s how free speech works.

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The super sales person who wasn’t so super, after all

John Foust Advertising
John Foust
John Foust has conducted training programs for thousands of newspaper advertising
professionals. Many ad departments are using his training videos to save time and get quick
results from in-house training. E-mail him for more information: john@johnfoust.com

Jim was a super sales person. He was so good that he broke all kinds of records at the publishing company where he worked. He consistently brought in more new business than anyone else on the advertising staff. And his numbers always ranked at the top of the weekly and monthly sales reports.

Karen, Jim’s former manager, told me that he was the most disciplined team member they had ever had. “Jim was sell-sell-sell all the time. He came to the office every morning at seven o’clock, so he could leave voice mail messages on his prospects’ office phones. Then throughout the day, he followed a routine of prospecting and writing proposed media schedules. Everything he did was geared toward closing the deal, so he could move on to the next prospect. If he lost a sale, it didn’t slow him down at all. He just brushed it off and kept going.

“Jim generated a lot of revenue, but the picture wasn’t as rosy as it sounds,” Karen explained. “After he made a sale, he left everything else in the creative department’s hands.

He was the one who had direct contact with his accounts, but he never developed any kind of strategic guidelines to follow. The creatives were on their own, because there was nothing specific to help them differentiate Advertiser A from Advertiser B. As a result, a lot of those ads didn’t work – and advertisers didn’t renew their contracts. That put Jim in a position where he had to prospect and sell even harder to make up the lost revenue. It was constant churn.”

After a year or so, Jim left for a job in another industry and Karen started insisting on three steps for her team to incorporate in the sales process.

  1. Set realistic expectations. “It all starts here,” she said. “If people think that putting just any kind of ad in our paper – or on our web site – will automatically bring new customers, they are wrong. It’s the sales person’s job to establish the right expectations. An ad with a photo, a slogan and a logo will take many repetitions to create brand awareness. But an ad which promotes a timely offer or seasonal sale will be more likely to create immediate results.”
  2. Get the right kind of information. “Most advertisers know enough to help us put together workable ad campaigns,” she said. “We just need to ask the right questions and make the effort to understand their businesses.” The questions should be simple and open-ended. What kind of results did they get from previous campaigns? What worked? What didn’t work? How are they different from their competitors?
    How can people benefit from using their products and services? That’s the kind of information that helps a creative department produce strong ads.
  3. Monitor results. “It’s common sense to follow up frequently to see how the ads are working,” Karen said. “If something needs to change, it’s best to find out before contract renewal time.”

(c) Copyright 2019 by John Foust. All rights reserved.

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Moving from routine to highly relevant: How to improve meeting coverage

This column is aimed at every single journalist working anywhere in the world now and in the future.

Bart Pfankuch is the content director and an investigative reporter for South Dakota News Watch, accessible online at sdnewswatch.org or email him at bart.pfankuch@sdnewswatch.org.

That’s a big bill to fill, but with tips to improve coverage of any type of meeting, the following concepts apply both to a rookie reporter covering a town board for a small weekly paper and a grizzled veteran monitoring the U.S. Congress for a national news service.

We all cover meetings, and we can all always do better. Here are some tactics to improve meeting coverage.

— Do your homework. Advanced effort is critical. Get agendas and supporting documents well before the meeting begins. Read them. Do interviews with key players prior to the meeting. Gain an understanding of key points and positions prior to showing up.

— Cash in on cash. Watch for anything financial or fiduciary. Scour meeting materials for anything where money may be spent, collected or shifted. Don’t forget consent agendas or routine departmental updates where interesting items may be hidden.

— Consider a preview story. On major topics, reporters can inform readers of context and potential consequences long before a discussion and vote. Don’t forget to include time, date and place of the meeting.

— Know the key players. This is ultra critical on a beat, but is useful even on a one-off assignment. Be sure to know the board members, the staffers who inform them and if possible, the real people who will be affected by a vote. Be sure to have the cell numbers of all the regulars and make sure they know how interested you are in what they say and do. Always call to confirm unknowns.

— Don’t cast off the curmudgeons. Hopefully, your coverage area is home to a do-gooder or gadfly who attends most meetings and testifies frequently. You can quote them sparingly, if ever, but you should know them, treat them with respect and listen to them. Most share your belief that government needs to be monitored and challenged, and they often have inside information that may require skepticism but is always worth knowing.

— Establish authority through accuracy. The best beat reporters are known for being critical but fair and complete. Don’t take sides, don’t let your personal opinions be known (never, ever comment on social media!), and don’t report any opinions you know to be false. Your reputation is sacred, so protect it. Once trusted, your access to people and information will improve.

— Don’t forget to follow up. Meetings occur at a moment in time and therefore almost always present an incomplete, imperfect picture. If you’re unsure of something, hold it back. You can, and should, frequently follow up by drilling in on divergent opinions, exploring issues in greater depth and reporting the impacts on populations or individual people.

— Pay attention, even if it hurts. Don’t space out if the discussion wanes. Use your phone only to look up information or confirm data presented, not to text, email or Google random topics. Watch and listen for the little ideas or facts that can blossom into important stories later.

— Listen closely to what is said, and what isn’t. Watch for unspoken reactions by panel members or the public and approach them later for an explanation. Reporting on actions provides fodder for invigorated writing.

— Focus on real folks. Approach members of the public and ask why they are there. When someone testifies, get the correct spelling of their name, business or organization. Follow residents into the hallway to interview them or get their cell number and email address for contact or clarification later.

— Describe projects accurately. Always include clear indicators of where something will be built or altered (the northeast corner of X Avenue and Y Street). Provide project costs and the source of the money. Include names of people and businesses that receive government money. Publish project
timelines and any promises. All these heighten accountability.

— Let length indicate importance. Don’t write the same length story every time or give in to editor pressure to fill space. Some meetings result only in briefs. Try leading with the top issue and provide bullet points on smaller topics in an “In Other Action” box.

— Seek out photos. When a person, place or thing is talked about, get a photo before or after the meeting. Shoot photos of attendees or panel members in action, even a head shot. Take an occasional crowd photo or picture of the panel as one. Even photos of documents can work.

— List votes and voters. On key issues, always provide readers with the vote tally and names of who voted how.

— Challenge closed session. When appropriate, which is almost always, stand up and ask for the legal reason an executive session is needed. Do this often, and they may hide less frequently.

— Treat meetings as opportunities. Only you can make meeting coverage valuable and interesting. If you get lazy, readers suffer. If you work hard, the public will benefit.

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Don’t Miss the Deadline for the Better Newspaper Competition

The deadline has been extended until Friday November 1, 2019.

NEW CATEGORIES – EDITORIAL/MULTIMEDIA/PHOTOGRAPHY

  • Best Solutions Journalism Project – This award recognizes excellence in a solutions, evidence-based journalism project that includes coverage of a widely shared problem, as well as evidence-based solutions reporting with a newsworthy response.
  • Weather Coverage – Judges will be asked to consider the quality of writing and depth of coverage of weather events or climate change.
  • Outstanding Newsletter – Recognizing newsletters that grow, support and enhance news products. Judges will be asked to consider if the product increases audience engagement while sharing value-added content.
  • Excellence in Newsroom Collaboration and Partnerships – This award honors newsrooms who have formed partnerships or collaborations to cover a topic or story.

NEW CATEGORIES – ADVERTISING/CIRCULATION/PROMOTION

  • Best Holiday Ad – This award celebrates a holiday ad of your choice (or series of ads). Judging will be based on originality, creativity in the use of typeface and artwork and reader appeal. No house ads. Paid advertising only.
  • Advertising Excellence in Revenue Collaboration and Partnerships – This award honors news organizations who have formed partnerships or collaborations to generate revenue and better serve customers.

ENTER CONTEST

Entries are due by November 1, 2019. Please use the association code NENPA to register.

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New England Newspaper Conference Story Roundup

We love reading all the stories and social media mentions from our members touting the successes of their staff and publications. There have been so many great conference stories, tweets and Facebook posts we wanted to try and capture them to read in one place. If we missed your coverage please email t.cleary@nenpa.com and we will add it.

New England Newspaper Conference Coverage:
The Day
Veteran newsman John C. Peterson receives Yankee Quill Award
Seven Days
Seven Days Wins Two Awards in Regional Media Competition
Addison Independent
Press association recognizes Independent stalwarts
Republican-American
Republican-American honored as a Newspaper of the Year by New England Newspaper and Press Association
New Hampshire Union Leader
Wickham named ‘New England Journalist of the Year’
Concord Monitor
Two ‘Monitor’ series win New England awards
Providence Journal
Journal, Sunday Journal named distinguished newspapers
Boston Herald
Anna’s story on teen bullying wins journalism award

Bennington Banner
Banner journalist, UpCountry win honors
The Keene Sentinel
Sentinel honored for investigative report
The Martha’s Vineyard Times
A three-peat of excellence for The Martha’s Vineyard Times
Mount Desert Islander
Islander earns honors
The Sun Chronicle
Sun Chronicle Weekend edition named Distinguished Newspaper of the Year
Gloucester Daily Times
Times named ‘Distinguished Newspaper’
Worcester Business Journal
WBJ’s Welker honored for tax-break series
Norwich Bulletin
Former Bulletin managing editor receives Yankee Quill Award
Vermont Business Magazine
Seven Days wins two awards in regional media competition
The Bay State Banner
In the news: Callie Crossley
The Ellsworh American.
American named Distinguished Paper
Record Journal
EDITORIAL: 10 things we liked this week, one we didn’t
MetroWest Daily News
MetroWest Daily News wins two awards
Marshfield Mariner
Marshfield Mariner named Newspaper of the Year by New England Newspaper and Press Association
The Sun Chronicle
Letter to the editor: The Sun Chronicle is essential to the community

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NENPA Fall Conference keynote: Reader re-engagement could be as close as your next e-mail

Pick your cliche…
“The best ideas are often the simplest ones.”
“Sometimes it’s hardest to see things that are right in front of you.”
“The shortest distance between two points is a straight line.”
All three and many more could be teased from advice shared October 10 by New England Newspaper Fall Conference keynote Nicco Mele.

The author, professor, publisher, political consultant, Harvard Business Review contributor, and alumni of an Esquire Magazine “Best and Brightest” in America designation promised a “super practical” dialog that appeared to resonate with the 100-plus attendees to last weeks conference.

While a LOT of ground around reader engagement was covered by Mele, the meat of his message centers on the great potential simple e-mails could play as print publications cast for and hope to re- engage their audiences and – dare we suggest – attract print subscribers.

Based on his fast-paced presentation, it may not be as much of an “old is new again” situation as it is using purposefully simple and well timed e-mail messages to slowly but surely establish or reestablish consumer relationships – with at least the added benefit of enticing significantly more web/social traffic.

Having admittedly spent “the last few years publishing research on monetizing news,” Mele arrived at the New England Newspaper Fall Conference held at the AC Hotel in Worcester, MA ready to share some of his most important findings.

Driving Eyes
Mele said the “single hardest thing in the news business is getting people to the website.” But at the same time, he was happy to report that local papers appear to have “a competitive advantage,” saying smaller regional and community publications already tend to possess the “original inbound internet marketing apparatus.”

He said unfortunately, most consumers and potential readers will not pay for locally generated news content “if they don’t build a habit around your paper.” Mele suggested papers might nudge local audiences to slowly modify news consumption habits by developing and serving audience around targeted content – and then funneling users into “habitual paying customers.”

Having accomplished it himself, Mele admitted the task remains “very difficult.” That’s why Mele said he loves e-mail. “Social audiences don’t belong to you – and don’t have a relationship to them,” Mele warned. “But if you capture e-mail, you have a connection forever. You can monetize their attention. You can assign lifetime value, and budget around that when you have e-mail addresses.”

When it comes to best utilizing and building your e-mail list Mele says:
? Encourage monthly reader panels that you pay to help build a “data model” of your consumers.
? With e-mail, you can track data and talk to your audience constantly. And metrics on habit are highly valuable – how often a recipient opens your emails can help you decide what kind of product to build.
? Surprisingly, e-mail outreach messages work best when they are simple – so they should mainly contain text, not images or a lot of ads.
? Production energy should be on the quality of writing
? It should be targeted for delivery the same time every day or week
? Strive for consistency over the long haul. “It’s not like selling an ad and you’re done,” he cautioned those eyeing an e-mail engagement launch.
? However, a successful e-mail product has great potential to help papers learn the numbers, specific interests, and passions of their audience – and to build on that data.

Beware The ‘Bounce’
When it comes to methods for acquiring e-mails, Mele finds events provide engagement opportunities – and a good source e-mail traffic capture. He said since e-mail bounce rates are very high and vary widely (50-90%) -obtaining e-mail addresses at every event is crucial.

Another key element: Mele says your e-mails need to have a human name in the delivery. “They want something that feels like a local columnist,” he said. “Mobile [users] are very intimate – so your e-mail needs to have a ‘dear mom’ quality to it.”

For those who can follow his advice, Mele insists that “e-mail is the best local strategy you can have.”

“Strong editorial products will have largest CPM, source of digital subscriptions, and driver of site traffic,” he added.

“Nothing else I’ve ever done on the internet has delivered like e-mail has,” Mele concluded, so “if you have them, engage them, and you will eventually convert them to subscribers.”

Attendee Reactions

Following the talk, Waterbury Republican-American Managing Editor Anne Karolyi said she found Mele’s professed love of e-mail outreach interesting because her publication recently launched a daily e-mail blast, and it is “one of the most common ways that people use to access our website.”

“People seem to like that,” Karioli said. She also agreed with Mele that complete separation between departments like advertising and editorial can be maintained while working together, sharing information and ideas..

“There are ways of dealing with the larger business issues involving your paper without completely breaking down that wall,” she said. “I’ve always believed that was possible – and I would rather protect our integrity while finding ways to make money because I need to make sure my reporters can eat.”

Peter Haggerty President and Publisher, Daily Times Chronicle, Inc. Woburn said he was receptive to Mele’s advice on how to help increase “digital side revenue.”

Haggerty said, “We’re losing so much revenue on the print side, that it’s important for us to learn how to replace some of it.” His company is already weighing a number of things that Mele suggested including e-mail outreach and events, as well as the right way to meter on-line readership.

“While we have our websites, the revenue stream from them has been stagnant,” he added. “As [Mele] said, we need to create some kind of customized product to hit that target audience by e-mail in the hope it will drive some to subscribe, or create more revenue.”

Closing Tip & Resources
Regarding email and other reader engagement tools, Mele suggested the site newsletterguide.org – aimed at building “quality newsletter products for those who know nothing about it.” He said the site offers everything from workflow tools for smaller publications, to free mobile-friendly templates. Check it out!

DOWNLOAD POWERPOINT OF KEYNOTE
PHOTO GALLERY KEYNOTE & AWARDS LUNCHEON

By John Voket eBulletin Contributor

John Voket is an Associate Editor at The Newtown Bee in Connecticut, Director of Public Affairs for Connecticut’s Connoisseur Media radio stations, and 2018-19 President of NENPA.

 

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It’s National Newspaper Week Oct. 6-12

NEWSPAPERS ARE ENCOURAGED to replace the “National Newspaper Week” line in the ad with their own flags or logos.

This 79th annual National Newspaper Week observance will be held October 6-12. The event is a recognition of the service of newspapers and their employees across North America and is sponsored by Newspaper Association Managers. This year’s theme is “Think F1rst — Know Your 5 Freedoms”

PLAN TO CELEBRATE National Newspaper Week by downloading the materials and devoting as many column inches as possible to reinforce the importance of Newspaper to your communities.

PLEASE ALSO MAKE IT LOCAL by editorializing about your newspaper’s unique relevance. This can be about your duties as government watchdog, your role as a community forum and coverage of community events, publication of timely public notices, etc.

Since the principle is timeless, the materials, new and archived, remain on the website and accessible year-round as a continuing resource.

Thank you for supporting National Newspaper Week. You already know there is power in association. And the same principle holds when associations like ours band together to provide even greater impact — both directly to newspaper members locally and collectively to the overall industry nationwide.

Newspapers are encouraged to use one or all of the ads from this year’s Think F1rst ad campaign in their newspaper. Feel free to start running the ads during National Newspaper Week and continue them in the days and weeks that follow.

Click here to access a Dropbox folder with FIVE DIFFERENT ads in SEVEN SIZES. Pick the size that is right for your newspaper.

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