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The Clashing of Wills Free Essays
Strife between ages is a typical them to numerous books. In the novelâ⬠Bread Giversâ⬠, by Anzia Yezierksa, the conflicting of will...
Wednesday, October 30, 2019
Select one of your favorite brands that is involved in licensing Research Paper
Select one of your favorite brands that is involved in licensing. Write one page on why or why not it works for the brand - Research Paper Example 529). Acne Studios is a part of the Creative Collective Acne. The Studio was founded in the year 1996 in Stockholm, Sweden. Acne Studios is a fashion manufacturing brand that designs fashion apparels and jeans. The operations of Acne Studio are not only limited to Sweden. In fact, the operations are expanded across the world. In order to expand its operations, the company relies on licensing agreements. With the help of licensing agreements, the company has successfully expanded its operations in Europe and Asia. The Swedish company is also planning to expand its business in London, Paris, and Japan. The effectiveness of licensing for Acne Studios can be realized from the fact the company has successfully expanded its operations in 35 locations with the help of licensing agreements (Okonkwo pp. 353). Under the licensing agreement, the company sells its licenses to other companies. Those companies use the brand, design, and IP of the parent company. The licenses can be sold to several companies in the same market. The licensing agreements have also allowed Acne Studios to exercise control over how the brand is used. This has allowed the company to maintain the standard of its products (Okonkwo pp. 353). Hagedoorn, J., S. Lorenz-Orlean, and H. van Kranenburg. ââ¬Å"Inter-firm Technology Transfer: Partnership-embedded Licensing or Standard Licensing Agreements?â⬠Industrial and Corporate Change 18.3 (2008):
Monday, October 28, 2019
Social And Cultural Diversity Paper Essay Example for Free
Social And Cultural Diversity Paper Essay This paper will explore the writerââ¬â¢s personal beliefs, theories of racism and explore the ACA codes of ethics and treatment modalities for various cultures and also will introduce you took some of the writers experiences. I grew up in the deep south were racism was still alive and thriving. My time was in the sixties when the Klux Klux Klan was causing trouble and nothing was being done about it. My parents would tell my sisters and me to always be home before the sun went down because they were afraid that we might be taken or worst killed. When I attended school schools were segregated, but all the students in my class were people of color. White students had their class and we had ours all at the same school. When we went out to play the white students would call us names and the teachers would just laugh and tell them not to call us names. Where we lived it was all people of color in my community. The white people lived in another area. I remember that in order to get to the store we had to go through the white community and they would throw rocks at us and chase us back to be we lived. When I got to Jr. High School and had two white friends. We played and talked together all the time. The cultural difference between us made it hard for other students to understand what we were during. Students of color would be upset with me for talking with the white students and the white students would also be upset with them for associating with me. Just like half-century ago black people had problems when the right to vote in the South was the almost exclusive domain of white people (Kornacki, 2011). Black people would be intimidated by white people if they attempted to cast votes. I remember when my parents were determined to vote and they would get with other people of color and form a mob and go down there to vote. They all got to vote, but after that they would have to fight their way back home. I remember those days just if they were yesterday and today racism still lives on in the Deep South. The Deep South is not so much as where it is located, but it is a distinct culture (racism, racial 2013). Racism started in the south when the slaves were brought over here from Africa and the slave owners saw that African slaves were better at taking the heat and working all day long. They were looked at as property and nothing else. As the years went by and slavery was abolished they could not get over the fact they black were nothing more than slaves and because of that blacks could never be equal to whites(racism, racial 2013). When I associate with white people I have trust issues because of the things I saw when I was a child. Being an adult now I always watch what white people do around me and listen closely to every word that they say to me. Because of the way we were treated, I find myself always trying to be better than anyone else during any task. Whenever white people tell me anything I have trust issues being that they are trying to help me. Sometimes I have to examine myself because being biased in the field that I have chosen will not work. I have problems when groups of people of a certain culture get together in a group and are talking. The first thing that enters my mind is the wonder if they are talking about me. These are biases issues that how have learned to live with and also have learn not to let them effect the way that I treat other people (Diller, 2011). Racism is a bias of mine that I work on every day. Learning how to deal with a race and also how not to hold the way they act against them. People who openly express that they believe the white race to be superior to any other race are people I have a problem with, but when it comes to helping them in a therapeutic manner I have learned to put my personal feeling on the Back burner. Everyone has the right to feel any way that they want and human rights belongs to everybody. Humans Rights are a guarantee and cannot be discriminated against (Shenker, 1995). According to Diana Ayton-Shenker ââ¬Å"Every human being has the right to culture, including the right to enjoy and develop cultural life and identity. Cultural rights, however, are not unlimited. The right to culture is limited at the point at which it infringes on another human right. No right can be used at the expense or destruction of another, in accordance with international lawâ⬠(Shenker, 1995). Subtle Racism is defined as, Subtle, commonplace forms of discrimination, such as being ignored, ridiculed or treated differently(Subtle racism, 2013). Subtle racism is something that happens on a daily basis. I have experience it myself and when I do I just ignore the ones who are perpetrating it. I believe that there are people who are unaware that they are racist. I believe that because they have acted the way they do towards people of color since their childhood they believe that they are displaying normal behavior. Subtle racism can be displayed by all races. Every culture displays some type of subtle racism when confronted with a person from outside their culture. The reason there would be significant differences in perceptions and values of members within the same ethnic group is because even people of the same ethnic group have differences with people within their own Group. It can be as simple as believing that a person is not acting the way they believe that they should be coming from that ethnic group. Some people of color may believe that someone in Their ethnic group is not acting like they are from their group or may believe that they are trying to act like they belong to another ethnic group. The mixing of different social backgrounds is influenced by social interaction (Wesker, 2011). Working today as a counselor you must be culturally competent. Being culturally competent means understanding every culture, their language, social and economic nuances of people (diversity and cultural competence, 2013).
Saturday, October 26, 2019
Multiple Sclerosis Essay -- Diseases, Disorders
Multiple sclerosis, also known as MS, is one of humankindââ¬â¢s most mysterious diseases. No one knows the exact cause and there is no exact treatment. Still multiple sclerosis has the ability to affect nearly 3 million people worldwide and at least 500,000 people in the United States (Boroch). This disease tends to be more common in individuals of northern European descent and women are more than twice as likely to develop multiple sclerosis as men. Of those 3 million people, most of them are between the ages of 20 and 50 years old (Dangond). Even though multiple sclerosis is a mystery disease, scientists are working to determine the exact cause and treatment. Multiple sclerosis is an autoimmune disease that involves the different areas of the central nervous system, CNS- the brain and spinal cord (Dangond). Within the central nervous system there are cells that are covered with a protective myelin. In people with MS, the myelin sheaths around the cells begin to deteriorate and the nerve fibers, also known as axons, which are normally protected by the myelin, end up being destroyed (Boroch). After a while scar tissue is replaced where the myelin breaks down, hence the name multiple sclerosis or many scars (Boroch).When the nerve fibers are destroyed they begin to lose their ability to conduct signals and communicate with the other neighboring nerve cells. Without this ability, the nerve cells that make up the central nervous system cannot communicate with the rest of the body (Blackstone). The loss or slow down of these signals impairs such functions like vision, strength, and coordination. Scientists donââ¬â¢t clearly know what causes the damage to the nerve cells, but they believe that it might be caused by confusion in an individua... ... (Stauffer). The good news is that technology has thrived over the years and scientists are trying to determine new treatments every day. It wonââ¬â¢t be long till there is a known cause and a successful treatment. It is important that people who are affected with multiple sclerosis donââ¬â¢t give up because a cure will come. Works Cited Blackstone, Margaret. The First Year--multiple Sclerosis: An Essential Guide for the Newly Diagnosed. 2nd ed. New York: Marlowe, 2007. Print. Boroch, Ann. Healing Multiple Sclerosis: Diet, Detox & Nutritional Makeover for Total Recovery. Los Angeles: Quintessential Healing,, 2007. Print. Dangond, MD, Fernando. "MedicineNet.com." MedicineNet. Web. 20 Mar. 2012. . Stauffer, Melissa. Understanding Multiple Sclerosis. Jackson: University of Mississippi, 2006. Print.
Thursday, October 24, 2019
Analysing the Portrayal of Eddie Carbone as a Tragic Hero Essay
Analysing the Portrayal of Eddie Carbone as a Tragic Hero A View from the Bridge by Arthur Miller is a dramatically tense tragedy that presents the story of the downfall of an ordinary man. The play examines the tragic consequences of Eddie Carbone's inability to understand himself and his actions. This predominantly takes the form of his prejudice towards his cousin and his inappropriate attraction to his niece. It is set in the 1950s and was written while Miller had become interested in the lives and work of Brooklyn's dockworkers and longshoremen. Miller uses the character of Eddie to express his viewpoint that the tragedy of the ruined life of an ordinary workingman is just as significant a subject for tragedy as that of any ancient king, God or "Caesar from Syracuse or Calabria". He presents Eddie as an equally valid antihero. Antiheroes, or Tragic heroes, are as Aristotle wrote neither wholly good nor wholly evil but a mixture of both. Eddie is not an evil man, but he acts selfishly, inappropriately and recklessly. Antiheros, unlike heroes, have fatal flaws. These enable a contemporary audience to empathise and identify with his fatally flawed relationships and disastrous choices. Being able to relate to Eddie will let the audience feel the dramatic tension of the situations he is placed in. According to Aristotle a traditional tragic hero is a person who finds himself in a situation where he seems deprived of all outward help and is forced to rely entirely on himself. A View from the Bridge is recognisable as a tragedy because Eddie is a tragic hero even though he is a stereotypical 1950s ordinary American. He is tragic because he refuses to take the help and advice offered by his lawyer, Alf... ...f instead of trying to gain control of the other characters, he would have perhaps succeeded rather than causing complete destruction. By the end of the play, Eddie cannot see any view from the bridges of Brooklyn; he only has eyes for Catherine. Unfortunately, Catherine, like Rodolpho, sees all number of possibilities and dreams that lie ahead of her. Although bridges connect things, they are also a symbol of the way things are divided. Catherine needs to move across these bridges, but Eddie dies fighting to hold onto her. Eddies story is a tragedy because it is about how he handles his hubristic character, the result of his disastrous choices and his drastic change in fortune. It takes the audience on a roller coaster of dramatic tension, ending up with his unfortunate and unnecessary death, leaving the audience in mourning for such a tragic hero.
Wednesday, October 23, 2019
Absenteeism 2
Absenteeism is a serious workplace problem and an expensive occurrence for both employers and employees seemingly unpredictable in nature. A satisfactory level of attendance by employees at work is necessary to allow the achievement of objectives and targets by a department. Employee Absenteeism is the absence of an employee from work. It is a major problem faced by almost all employers of today. Employees are absent from work and thus the work suffers. Employeeââ¬â¢s presence at workplace during the scheduled time is highly essential for the smooth running of the production process in particular and the organization in general. Despite the significance of their presence, employees sometime fail to report at the work place during the scheduled time, which is known as ââ¬Å"Absenteeismâ⬠. Labour Bureau, Simla defined the term ââ¬Ëabsenteeismââ¬â¢ as ââ¬Å"the failure of a worker to report for work when he is scheduled to work. â⬠Labour Bureau also states that ââ¬Å"absenteeism is the total man-shifts lost because of absence as a percentage of the total number of man-shifts scheduled to work. According to Websterââ¬â¢s Dictionary, ââ¬Å"Absenteeism is the practice or habit of being an ââ¬Ëabsenceââ¬â¢ and an absentee is one who habitually stays away. â⬠Types of Absenteeism: Absenteeism is of four types viz: 1) Authorized Absenteeism, 2) Unauthorized Absenteeism, 3) Willful Absenteeism and 4) caus ed by circumstances beyond oneââ¬â¢s control. 1) Authorized Absenteeism: If an employee absent himself from work by taking permission from his superior and applying for leave, such absenteeism is called authorized absenteeism. ) Unauthorized Absenteeism: if an employee absent himself from work without informing or taking permission and without applying for leave, such absenteeism is called unauthorized absenteeism. 3) Willful Absenteeism: If an employee absents himself from duty willfully, such absenteeism is called willful absenteeism. 4) Absenteeism caused by Circumstances beyond Oneââ¬â¢s Control: If an employee absents himself from duty owing to the circumstances beyond his control like involvement in accidents or sudden sickness, such absenteeism is called absenteeism caused by circumstances beyond oneââ¬â¢s control. Features of Absenteeism: Research studies undertaken by different authors reveal the following features of absenteeism: * The rate of absenteeism is the lowest on pay day, it increases considerably on the days following the payment of wages and bonus. * Absenteeism is generally high among workers below 15 years of age and those above 40. The younger employees are not regular and punctual, presumably because of the employment of a large number of newcomers among the younger age groups. While the older people are not able to withstand the strenuous nature of the work. The rate of absenteeism varies from department to department within a unit. As the size of the group increases, the rate of absenteeism goes up. This difference in the rate of absenteeism is believed to be due to the peculiar style and practices of management, the composition of the labor force and the culture of the organization. * The percentage of absenteeism is generally higher in the day shifts * The percentage of ab senteeism is much higher in coal and mining industries than in organized industries. * Absenteeism in India is seasonal in character It is the highest during March-April-May, when a land has to be prepared for monsoon saving, and also in the harvest season, when the rate goes as high as 40 percent Causes Of Absenteeism: The following are the general causes of absenteeism 1) Maladjustment with the Working Conditions: If the working conditions of the company are poor, the workers cannot adjust themselves with the companyââ¬â¢s working conditions. Then they prefer to stay away from the company. 2) Social and Religious Ceremonies: Social and religious functions divert the workerââ¬â¢s attention from the work. ) Unsatisfactory Housing conditions at the workplace. 4) Industrial Fatigue: The industrial fatigue compels workers to remain outside the work place. 5) Unhealthy Working Conditions: The poor and intolerable working condition in the factories irritates the workers. Excess hea t, noise, either too much or too low lightening, poor ventilation, dust, smoke etc. cause poor health of the workers. These factors cause the workers to be absent. 6) Poor Welfare Facilities: Though a number of legislation concerning welfare facilities are enacted, many organization fail to provide welfare facilities. This is either due to the poor financial position of the companies or due to the exploitative attitude of the employer. The poor welfare facilities include poor sanitation, washing, bathing, first-aid appliances, ambulance, rest rooms, drinking water, canteen, shelter, creches etc. the dissatisfied workers with these facilities prefer to be away from the work place. 7) Alcoholism: Workers mostly prefer to spend money on the consumption of liquor and enjoyment after getting the wages. Therefore the rate of absenteeism is more during the first week of every month. ) Indebtness: The low level wages and unplanned expenditure of the workers force them to borrow heavily. The research studies indicate that workers borrow more than 10 times of their net pay. Consequently, workers fail to repay the money. Then they try to escape from the place in order to avoid the moneylenders. This leads to absenteeism. 9) Maladjustments with the job demands: The fast changing technology demands higher leve l skills from the workers. Some workers fail to meet these demands due to their low level education and/or absence of training. 0) Unsound Personnel Policies: The improper and unrealistic personnel policies result in employee dissatisfaction. The dissatisfied employee in turn prefers to be away from the work. 11) Inadequate Leave Facilities: The inadequate leave facilities provided by the employer forces him to depend on E. S. I. leave which allows the workers to be away from the work for 56 days in a year on half pay. 12) Low level of Wages: Wages in some organizations are very poor and they are quite inadequate to meet the basic needs of the employees. Therefore, employees go for other employment during their busy season and earn more money. Further, some employees take up part time jobs. Thus the employees resort to moonlighting and absent themselves from work. The Cost to Co. Turnover As most HR managers know, the cost of turnover adds hundreds of thousands of dollars to a company's expenses. While it is difficult to fully calculate the cost of turnover (including hiring costs, training costs, productivity loss), industry experts often quote 25% of the average employee salary as a conservative estimate. For example, if the average salary is $20,000/yr the cost of one employee turnover is $5,000. If you have 30 employees terminating per month, the cost to the organization equals $150,000/month. Mulitiply that by 12 months and you have $1,800,000 in added annual expense. Loss of Company Knowledge When an employee leaves, they take with them valuable knowledge about your company, your customers, current projects and past history (sometimes to competitors). Often much time and money has been spent on the employee in expectation of a future return. When the employee leaves, the investment is not realized. Disruption of Customer Service Customers and clients do business with a company in part because of the people. Relationships are developed that encourage continued patronage of the business. When an employee leaves, the relationships that employee built for the company are severed, which could lead to potential customer loss. Turnover spirals into more turnover When an employee terminates, the effect is felt throughout the organization. Coworkers are often required to pick up the slack. The unspoken negativity often intensifies for the remaining staff.
Tuesday, October 22, 2019
Vicarious Liability Essays
Vicarious Liability Essays Vicarious Liability Essay Vicarious Liability Essay Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability, relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor, the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ââ¬Ëvicarious liabilityââ¬â¢ is a public policy that holds employers liable when a tort is committed by an employee in the course of their employment. This means that a victim of a tort can claim compensation from the employeeââ¬â¢s company if it is proven to have been the employeeââ¬â¢s fault that the tort occurred. There are three elements to the doctrine of vicarious liability, where the ââ¬Ëemployee and not an independent contractorââ¬â¢, ââ¬Ëcommits a tortââ¬â¢ and ââ¬Ëin the course of employmentââ¬â¢. There are 3 tests to establish whether an individual is an employee or an independent contractor. These are the control test, integration test and the economic reality test, which is also known as the multiple test. In order to determine who is an employee versus who is an independent contractor, this is illustrated the case of Yewens v. Noakes (1880) 6 QBD, were the respondent was a hop merchant and possessed houses which had internal communication throughout, and were used for the purposes of his trade. K lived in the houses in order to take care of them, and he was a clerk and was paid a salary of ? 150 a year. He resided in the houses together with his wife, children, and servant. It was held that K was not ââ¬Ëa servant or other personââ¬â¢ within Revenue Act 1868 (c 28) s 11 (repealed), and Bramwell LJ stated that ââ¬Å"a servant is a person subject to the command of his master as to the manner in which he shall do his work. This case set out what was known as the ââ¬ËControl Testââ¬â¢ by way of stating who was an employee and how that employee was controlled by his master. For example, an employee could be controlled in the way he preformed his duties, such as cutting the vegetables this way, holding the knife that way. However, this test became one where it could no longer control how employees preformed their duties, given that one can direct an employee to do a task, but could no longer command an employee to do it in a certain way due not having the particular skill needed to carry out the task. For example, an employer could direct a doctor to operate on a patient but not be able to control how that operation is preformed given that the employer may not posses that particular skill. The integration test was established in Stevenson v McDonald (1969) and looks at whether the personââ¬â¢s work is an integral part of the business. If they are an integral part of a business, for example a till worker, then they are more likely to be seen as an employee to the courts. If they are not seen as an integral part of the business, for example someone who has come in to fix a till, then they will be seen by the courts as a independent contractor. Lord Denning stated that One feature which seems to run through the instances is that, under a contract of services, a man is employed as part of the business and his work is done as an integral part of the business; whereas, under a contract for services, his work, although done for the business, is not integrated into it but is only accessory to it. This refined the control test in order to determine the differences between being an employee and an independent contractor. The multiple test was applied in the Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance (1968) where it looked at the contractual relationship between the parties. An individual who has a contract of service is more likely to be seen as an employee by the courts whereas an individual who has a contract for services is more likely to be seen as an independent contractor. The courts may also look at the way an individual is paid. If an individual is paid a salary and they incur for tax reductions, then the individual is ore likely to be seen as an employee. If however, the person is paid a lump sum and has to make their own reduction, they are more likely to be seen as an independent contractor. In this case it was held that the driver was an independent contractor. However in the case of Market Investigations Ltd v Minister of Social Security [1969] 2QB173 Cooke Jââ¬â¢s judgment was that ââ¬Å"The fundamental test to be applied is this: â⬠Is the person who has engaged himself to perform these services performing them as a person in business on his own account? This was been determined by using a mix of factors: for example, does the employee provide his own equipment and does he hires his own helpers? It also looks at what degree of financial risk he takes and to what degree of responsibility he has. It also takes into account how the employee is paid and whether the employee can work for another. In this case it was held that Mrs Irving was employed under a series of contracts of service and therefore was an employee of the company. Although, Jerry regards Peter as self-employed within his organisation, it would be fair to state that given the control test above, Jerry does have control over Peter by stating that if ever Peter is not available when he wants him he will never employ him again. Peter is free to work for others but does not do so. Therefore the case of Yewens v. Noakes (1880) 6 QBD demonstrates the control that Jerry has over Peter. The Integration Test would also show that Peter could be an integral part of the business given that he does a service rather than offers one. This was made clear in the above case of Stevenson v McDonald (1969) where Lord Denning noted the differences between an employee and an independent contractor. Although this new test sets out the real differences, the old test could still hold some merit if the employee is controlled in such a way as to be a servant rather than an accessory to the business. Therefore, if Peter is an employee rather than an accessory to the business this would be examined by the more modern multiple test. This test looks at other factors which donââ¬â¢t arise in the older tests. The courts would look as to whether Peter used his own equipment and how he is paid as stated above. Peter does not use his own equipment as he does his deliveries on a motorcycle wearing a uniform provided by Jerry. He is also paid a basic weekly wage, or retainer, plus an hourly rate for every hour actually worked. Based on this and the case of Market Investigations Ltd v Minister of Social Security [1969] 2QB173 it would be clear that Peter is in fact employed by Jerry under contracts of service and therefore is an employee of the company. Once it is established that a relationship of employer and employee exists, it is then necessary to establish as to whether a tort has been committed in the course of employment. A test formulated by John William Salmond 100 years ago stated that an employer will be held liable for either a wrongful act they have authorised, or a wrongful and unauthorised mode of an act that was authorised. The courts tend to favor this test as there are no other suitable tests available and the courts usually rely upon precedent, and the facts of each individual case. An illustration of the test is provided by two contrasting cases. In the case of Limpus v London General Omnibus Company where a driver pulled out in front of another rival omnibus, in order to obstruct it. Despite having expressed prohibitions, the employer was found liable. This was classified as an unauthorised act of the employee carrying out his duties, which was driving and not an entirely new activity. Whereas in the case of Beard v London General Omnibus Company, a conductor was employed to collect fares on board the bus and, thinking he was doing the driver a favor, he negligently chose to drive the bus. This was completely outside of his duties as a conductor. Given the above Peter committed the tort of negligence in the course of employment and although the act was unauthorised it was not outside the course of his duties. Therefore Jerry would be vicariously liable to the claimants.
Monday, October 21, 2019
Supreme Court Justice Sandra Day OConnor essays
Supreme Court Justice Sandra Day O'Connor essays Sandra Day O'Connor Sandra Day O'Connor was born on March 26,1930 in El Paso, Texas. As a child, she lived on her family's 155,000 acre cattle ranch in southeastern Arizona. Her parents sent her to live with her grandmother when she was five to get a better education in El Paso where she attended Radford School For Girls. At the age of thirteen, she returned to the ranch to attend school, which was twenty two miles away. She only stayed a year, then returned to Radford. A year after that, she transferred to Austin High School where she graduated at the age of sixteen. She attended Stanford Law1where she majored in economics and earned a BA Degree with honors. She earned her LL.B. Degree and ranked third in her class out of 102 students in 1952. The top ranking student in her class was future Supreme Court Justice William H. Rehnquist. Also in 1952 she married one of her fellow law students John O'Connor, and moved to Phoenix, Arizona. They had three sons, Scott, Jay, and Brian. O'Connor started her political career as a republican in 1952 by becoming Deputy County Attorney San Mateo County, CA. She became Civilian Attorney for Quartermaster Market Center, Frankfurt, Germany in 1954, Private Practice of Law in Maryvale, Arizona in 1958, and Assistant Attorney General for State of Arizona in 1965. In 1969, she was appointed State Senator and was reelected twice. In 1972, she was elected Arizona Senate Majority Leader, and served as Chairwoman of the State, County, and Municipal Affairs Committee in 1972 - 1973. She also served on the Legislative Council, on the Probate Code Commission, and on the Arizona Advisory Council on Intergovernmental Relations. She was elected judge of the Maricopa County Superior Court, Phoenix, Arizona and served from 1975-1979. She was appointed to Arizona Court of Appeals By Governor Bruce Babbit and served from 1979-1981. O'Connor was nominated Associate Ju ...
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