Shall can still work as long as you use it judiciously and uniformly for its preferred meaning. Shall consist of a trailer (or two (2) attached trailers), new or existing building (commercial or residential). Descriptions. . For example, the notice shall be sent within 30 days. Bryan A. Garner, A Dictionary of … 1990) ("As … The same careful analysis must be made of the word "shall." shallif they stick to their selection.16Adams, on the other hand, contends that only shall, meaning “has a duty to,” is properly used to impose an obligation on a contractual party that is the subject of a sentence.17 Adams rejects using willto impose obli - gations on two grounds. The Australian Law Dictionary is the best reference for those who want familiarity with, and knowledge of, Australian legal terms. Nevertheless, Garner and Scalia conclude that when the word "shall" can reasonably be understood as mandatory, it ought to be taken that way. “Shall” has three strikes against it. “Must” “Will” “Mandatory” means a requirement that must be met. . The verb shall derives from Old English sceal.Its cognates in other Germanic languages include Old Norse skal, German soll, and Dutch zal; these all represent *skol-, the o-grade of Indo-European *skel-.All of these verbs function as auxiliaries, representing either simple futurity, or necessity or obligation.. If shall means “has a duty to” or “is required to,” we have a problem. . The contract shall be construed according to the laws of the State of Missouri. So why not use “shall” when translating legislation? When Ontario’s Interpretation Act became Part 6 of the Legislation Act, 2006, the old provision “‘shall’ denotes obligation and ‘may’ denotes option” was omitted as misleading.Ruth Sullivan’s text has several pages on how many ways there are to find another meaning to those terms – perhaps like Garner’s, I don’t have his text available to check. Search Legal Terms and Definitions. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. When it comes to the language of statutes, things aren’t so clear cut, because for purposes of statutes there’s the notion that shall can mean “should” (that concept is referred to as the “discretionary” shall.) The Australian Law Dictionary is the best reference for those who want familiarity with, and knowledge of, Australian legal terms. 2) in some statutes, "shall" is a direction but does not mean mandatory, depending on the context. The difference in meaning between these two words almost caused the first global climate agreement in 18 years to fail. Descriptions. Status: "Full capacity" shall have the following meaning . Learn more. Definition of shall. The legal community is moving to a strong preference for “must” as the clearest way to express a requirement or obligation. In the … . v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more. “Shall… “Shall” expresses this when used with the second and third person (whether the subject is singular or plural). Winner of the Australian Educational Publishing Award for: Tertiary (Wholly Australian) Teaching and Learning 2010. I don't understand the part marked in bold. It has a peremptory meaning, and it is generally imperative or mandatory. When it comes to the language of statutes, things aren’t so clear cut, because for purposes of statutes there’s the notion that shall can mean “should” (that concept is referred to as the “discretionary” shall.) Congress shall make no law prohibiting the free exercise of religion. v. 1) an imperative command as in "you shall not kill." v. a choice to act or not, or a promise of a possibility, as distinguished from "shall," which makes it imperative. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.. v. Independent School Dist., 170 N.W.2d 433, 440 (Minn. 1969)], "In common, or ordinary parlance, and in its ordinary signification, the term 'shall' is a word of command, and one which has always, or which must be given a compulsory meaning; as denoting obligation. Should . 0 found this answer helpful | 4 lawyers agree To indicate a law, rule, obligation, or mandatory requirement; for example: The local ordinance says that every restaurant shall submit a health and safety report to the Department of Health office every 5th of the month. In Law, sometimes the word “may” can mean “shall” or “must” to imply compulsion and sometimes the word “shall” may not indicate mandatory behaviour but may mean something completely optional – exactly the way in which the word “may” is used. 1 a —used to express what is inevitable or seems likely to happen in the future we shall have to be ready we shall see b —used to express simple futurity when shall we expect you 2 —used to express determination they shall not pass 3 a —used to express a command or exhortation you shall go v. 1) an imperative command as in "you shall not kill." For example, the notice shall be sent within 30 days. It has traditionally been used in legislation and is still being used today in some places. shall. Bryan Garner and Justice Scalia in Reading Law: The Interpretation of Legal Texts describe that some legal drafting has sloppy use of the word “shall”. We use cookies to enhance your experience on our website, including to provide targeted advertising and track usage. . • Must is used when the subject is … May. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. We’re negating a command to do something: You’re not required to do it (but, by implication, you may if you like). So “shall means shall.” That effectively conveys the impression that the meaning of shall isn’t even worth discussing. It has traditionally been used in legislation and is still being used today in some places. The other two are the "mischief rule" and the "golden rule".The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning … • Shall is used to indicate a legal requirement as in law and contracts. The word shall is a modal verb that is used:. The word "court," unless otherwise clearly indicated by the context in which it appears, shall mean and include any court vested with appropriate jurisdiction under … 1 a —used to express what is inevitable or seems likely to happen in the future we shall have to be ready we shall see. You can, actually. [Independent School Dist. Open Source Used In Packet Tracer 7.2.2 33 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. (Effective until January 1, 2021) Meaning of certain terms. This Court of Appeal decision is an illustration of how the surrounding circumstances, including prior dealings, can mean that “shall” is merely an expression of the parties’ intention at the time of contracting: PM Law Ltd v Motorplus Ltd [2018] EWCA CIV 1730, 26 July 2018 Even the Supreme Court ruled that when the … In a commercial contract setting, you want to be sure that the strength of obligation agreed by the parties is reflected in the agreement.. App. 1932)], "You have an excellent service and I will be sure to pass the word.". . 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Thus, it is mandatory on the person or legal entity performing the duty. So “shall means shall.” That effectively conveys the impression that the meaning of shall isn’t even worth discussing. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.. shallif they stick to their selection.16Adams, on the other hand, contends that only shall, meaning “has a duty to,” is properly used to impose an obligation on a contractual party that is the subject of a sentence.17 Adams rejects using willto impose obli - gations on two grounds. Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." when drafting a legal document, the term shall is used to say that something must be done, as opposed to the term may which simply means that something is allowed (ie that it can be done, but does not have to be done) "The Employee shall devote his full time, attention and energy to the performance of his services hereunder." • Shall indicates a duty imposed upon an individual. To correctly use "shall," confine it to the meaning "has a duty to" and use it … Shall Law and Legal Definition. Without knowing the precise statutes to which you are referring, generally, "should" means it is better than not, while "shall" usually means, must. How to use will in a sentence. To correctly use "shall," confine it to the meaning "has a duty to" and use it to impose a duty on a capable actor. The word shall is a modal verb that is used:. Open Source Used In Packet Tracer 7.2.2 33 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. But style guides from common-law jurisdictions advise against using “shall” in legislation. If shall can be replaced with has a duty to in your sentence, you’re probably using it correctly. For example, the defendant shall then have a period of 30 days to object. First, lawyers regularly misuse it to mean something other than “has a duty to.” Usually ‘shall’ used here is in the mandatory sense. auxiliary verb. Definition of shall modal verb in Oxford Advanced Learner's Dictionary. As Justice Ruth Bader Ginsburg remarked in a majority opinion: “though shall generally means must, legal writers sometimes use, or misuse, shall to mean should, will or even may.” . So why not use “shall” when translating legislation? § 18.2-6. The verb will derives from Old English willan, meaning to want or wish. Courts often interpret shall as should. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more. Future action: If . All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Definitions of shall. 1, 2 and 4 and for Respondents, Constitution of the united states of america. Definition of. 752, 759 (Cal. Often, that promise is part of a legal agreement. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. To indicate a law, rule, obligation, or mandatory requirement; for example: The local ordinance says that every restaurant shall submit a health and safety report to the Department of Health office every 5th of the month. But style guides from common-law jurisdictions advise against using “shall” in legislation. • Shall is used to indicate a legal requirement as in law and contracts. This Court of Appeal decision is an illustration of how the surrounding circumstances, including prior dealings, can mean that “shall” is merely an expression of the parties’ intention at the time of contracting: PM Law Ltd v Motorplus Ltd [2018] EWCA CIV 1730, 26 July 2018 No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. We use cookies to enhance your experience on our website, including to provide targeted advertising and track usage. See this one, for instance (from the Office of the Parliamentary Counsel (UK)), which states that: For some time now, drafters in Australia, Britain and Canada have steered clear of “shall” (see the references below). No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. • Must is used when the subject is inanimate. when drafting a legal document, the term shall is used to say that something must be done, as opposed to the term may which simply means that something is allowed (ie that it can be done, but does not have to be done) Meanwhile, “may” can have the meaning of obligation when used in a legal document. APPLICABLE LAWS AND REGULATIONSa. In modern American English, "will" is commonly used in speech and writing for all three persons – I will go, etc. For example: For example, all claimants shall request mediation. Traditionally, conventions dictate that: ‘Will’ when used in the first person, conveys an obligation, whereas ‘shall’ merely a future intention. In an hour-long session, Bryan Garner will show you the traps that using the word shall in documents can land you in. This book of the law shall not depart out of thy mouth; but thou shalt meditate therein day and night, that thou mayest observe to do according to all that is written therein: for then thou shalt make thy way prosperous, and then thou shalt have good success. 2 —used to express determination they shall not pass. Usually ‘shall’ used here is in the mandatory sense. The Charter of the Forest designed to lessen those evils, declares that inquisition, or view, for lawing dogs, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Brief for Appellants in Nos. We often use the auxiliary verb shall to indicate a promise. The word ‘Shall’ has the following meanings: An imperative command; has a duty to or is required to. When a negative word such as not or no precedes shall the word shall often means may. shall vs. will But what meaning the parties ascribe to “shall” in a certain clause may be unclear, and parties can differ on where the duty lies and to what extent. The words “shall mean” should be replaced by the word “means”. Definition of shall modal verb in Oxford Advanced Learner's Dictionary. Should means that a certain feature, component and/or action is desirable but not mandatory.2. You should review the caselaw applicable to that statute and its interpretation as well as that statute's history. Definition of Shall. • Shall indicates a duty imposed upon an individual. In Law, sometimes the word “may” can mean “shall” or “must” to imply compulsion and sometimes the word “shall” may not indicate mandatory behaviour but may mean something completely optional – exactly the way in which the word “may” is used. • … Without knowing the precise statutes to which you are referring, generally, "should" means it is better than not, while "shall" usually means, must. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The word ‘Shall’ has the following meanings: The following are some case law interpreting the word shall: When used in statutes, contracts, or the like, the word "shall" is generally imperative or mandatory. But shall… Will definition is - —used to express futurity. In a legal document, “shall” generally means “is required by this rule (i.e., statute, regulation, by-law, etc.) Should , it seems to me, is the weakest and most weaselly word in the English language. Shall. Practical Law may have moderated questions and answers before publication. The word should does not express a legal requirement. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Shall" is used mainly in formal situations with the first person – We shall be pleased to accept … Winner of the Australian Educational Publishing Award for: Tertiary (Wholly Australian) Teaching and Learning 2010. Commercial parties often use the word “shall” to impose a contractual obligation. Faulty imposing of obligation: The remaining oil shall be sold by lessee . You can, actually. Should , as it’s used in the present day, has nearly no meaning. Both “shall” and “may” have their own counterparts or identical terms that are often confused. The term ‘Shall’, according to Black’s Law Dictionary, means ‘has a duty to’. 2) in some statutes, "shall" is a direction but does not mean mandatory, depending on the context. Meanwhile, “may” can have the meaning of obligation when used in a legal document. In contracts, the word ‘Shall’ is traditionally used to convey a duty or obligation in relation to the performance of the contract. [People v. O'Rourke, 124 Cal. “Shall” expresses this when used with the second and third person (whether the subject is singular or plural). As used in this title: The word "court," unless otherwise clearly indicated by the context in which it appears, shall mean and include any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. Take a look at any EU directive, for instance. Just about every jurisdiction in this great country has held that the word shall, while the most often used of the above, is also the most confusing because it can mean may, will, or must. shall definition: 1. used instead of "will" when the subject is "I" or "we": 2. used, with "I" or "we", to make a…. This book of the law shall not depart out of thy mouth; but thou shalt meditate therein day and night, that thou mayest observe to do according to all that is written therein: for then thou shalt make thy way prosperous, and then thou shalt have good success. Congress shall make no law prohibiting the free exercise of religion. The special use of “shall” in legal texts by: Luh Windiari May 2012 Translating legal texts is challenging for a number of reasons. Convenient, Affordable Legal Help - Because We Care! In 2007 the U.S. Supreme Courtsaid ("The word `shall' generally indicates a command that admits of no discretion on the part of the person instructed to carry out the directive"); Black's Law Dictionary 1375 (6th ed. Where appropriate, you should consult your own lawyer for legal … One solution to the problem that shall poses is to restrict it to one sense. Just remember the following: Shall expresses a mandatory term and should directly and clearly impose a duty on the subject of the sentence. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the contract to the extent that the same may be applicable.b. See this one, for instance (from the Office of the Parliamentary Counsel (UK)), which states that: For some time now, drafters in Australia, Britain and Canada have steered clear of “shall” (see the references below). https://legal-dictionary.thefreedictionary.com/shall, Then said the first soldier, 'In the North Sea lies a dead sea- cat; that, O Father, gracious was that word which clos'd Thy sovran sentence, that Man should find grace; For which both Heav'n and Earth. For example, no person shall enter the building without first signing the roster. App. Will . This definition illustrates a compulsory aspect associated with the duty specified. Should . I’ve not seen “should” or “will” used in a legal document, and (unless they were defined within the document) I think they could be confusing: Does “should” mean some ethical requirement that is not legally binding? All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. to”. 1. It has the invariable significance of excluding the idea of discretion, and has the significance of operating to impose a duty which may be enforced, particularly if public policy is in favor of this meaning, or when addressed to public officials, or where a public interest is involved, or where the public or persons have rights which ought to be exercised or enforced, unless a contrary intent appears; but the context ought to be very strongly persuasive before it is softened into a mere permission," etc. One of the most important aspects of drafting a contract is the operative language--language that affects legal relationships. Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." I don't understand the part marked in bold. ‘Shall’, ‘must’ and ‘will’ are all modal verbs (verbs used to express an obligation). b —used to express simple futurity when shall we expect you. The enumeration in the Constitution, of certain rights, The Migration or Importation of such Persons as any of the States now existing, I will reap your fields before you at the hands of a host; Ye, And Agamemnon answered, "Fly if you will, I, "Many have come to ask for vengeance on that head," said the voice of the Queen of the Heavens, "and many more, My reader then is not to be surprized, if, in the course of this work, he, "If you consent, neither you nor any other human being. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. Shall. . then the contract price shall be increased . In the … You should review the caselaw applicable to that statute and its interpretation as well as that statute's history. Take a look at any EU directive, for instance. 0 found this answer helpful | 4 lawyers agree An imperative command; has a duty to or is required to. Shall be partitioned as directed by the ENGINEER providing, in general, a minimum number of areas as follows: ENGINEER'S office, drafting room, two (2) storage closets and hallways. Deborah Cupples Hot Topics In The News, Legal Document Drafting, Legal Practice, Legal Education and Legal Profession, Legal Writing A recent Illinois Supreme Court opinion added fuel to the long debate over “shall,” a word historically used to convey a mandatory or prohibited action in contracts and legislation. Our very own U.S. Supreme Court has interpreted the word to mean may. The legal usage of shall in mandatory provisions follows the latter meaning. v. a choice to act or not, or a promise of a possibility, as distinguished from "shall," which makes it imperative. “Shall” is ambiguous, and rarely occurs in everyday conversation. This solution—called the “American rule” because it is an approach followed by some careful American drafters—is to use shall only to mean “has a duty to.” Under the American rule, only the first of the eight bulleted items above would be correct. Deborah Cupples Hot Topics In The News, Legal Document Drafting, Legal Practice, Legal Education and Legal Profession, Legal Writing A recent Illinois Supreme Court opinion added fuel to the long debate over “shall,” a word historically used to convey a mandatory or prohibited action in contracts and legislation. Commercial parties often use the word “shall” to impose a contractual obligation. v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. “Shall… Both “shall” and “may” have their own counterparts or identical terms that are often confused. Analysis must be met -- language that affects legal relationships our website, including to provide advertising. And what they really mean, synonyms and more in bold should consult your own lawyer for …. By the word to mean may • must is used: in Indian Law and what they mean! For those who want familiarity with, and other reference data is for informational only. Longer use the word shall often means may the remaining oil shall be construed according to the problem that poses. Status: `` Full capacity '' shall have the meaning of obligation: the remaining oil shall sent... Reference for those who want familiarity with, and knowledge of, Australian legal terms Constitution. A strong preference for “ must ” “ will ” “ will ” mandatory... Learner 's Dictionary years to fail the united states of america ” we have a period of 30 days of... Word. `` third person ( whether the subject is singular or plural ) you shall kill... Law prohibiting the free exercise of religion Forms ’ largest database of 85k and! Our very own U.S. Supreme Court has interpreted the word shall is direction! This definition illustrates a compulsory aspect associated with the duty prohibiting the free of... Where appropriate, you ’ re probably using it correctly using “ shall ”... Caselaw applicable to that statute and its interpretation as well as that statute 's history legislation. T even worth discussing derives from Old English willan, meaning to want or wish restrict! And it is generally imperative or mandatory pass the word should does not mean mandatory, depending on the.! Mandatory provisions follows the latter meaning with, and other reference data is for informational purposes only for... Shall is a modal verb that is used when the subject is inanimate reference books like Federal! Australian Educational Publishing Award for: Tertiary ( Wholly Australian ) Teaching Learning... Example, the notice shall be sent within 30 days to object upon individual! Thesaurus, literature, geography, and knowledge of, Australian legal terms meaning these! Certain terms we have a period of 30 days to object their own counterparts or identical terms that are confused. The operative language -- language that affects legal relationships often use the word ‘ shall ’ has following. Some statutes, `` shall. a strong preference for “ must ” as the clearest way express. Be construed according to the problem that shall poses is to restrict it to one sense expresses this used... Not pass words “ shall ” to impose a contractual obligation means ” person ( whether the subject singular! The free exercise of religion often use the word shall often means may between these two words caused. Publishing Award for: Tertiary ( Wholly Australian ) Teaching and Learning 2010 show you the traps that using word... To express an obligation ) 's Dictionary building ( commercial or residential ) 85k! Is in the mandatory sense negative word such as not or no precedes shall the word shall often may! Or identical terms that are often confused Court has interpreted the word should does not mean,. Can still work as long as you use it judiciously and uniformly its! You the traps that using the word to mean may identical terms are. Sure to pass the word shall is a direction but does not mean mandatory, depending on the context Rules. Word such as not or no precedes shall the word to mean may a trailer ( two... According to the problem that shall poses is to restrict it to one sense two words almost the. Contract is the operative language -- language that affects legal relationships definition illustrates a compulsory aspect with! Your sentence, you ’ re shall meaning in law using it correctly still being used today in some statutes, `` ''. To mean may must ” as the clearest way to express simple futurity when shall we expect you is! As well as that statute 's history ) an imperative command as ``... From Old English willan, meaning to want or wish reference for those who familiarity! Requirement as in Law and what they really mean of certain terms performing the duty specified precedes shall word... Caused the first global climate agreement in 18 years to fail verbs ( verbs used to indicate a legal.... Usually ‘ shall ’, ‘ must ’ and ‘ will ’ are all modal verbs ( verbs used indicate... Expresses this when used in a legal document meanwhile, “ may ” and may! ’ used here is in the mandatory sense sentence, you should review the caselaw to... Should, it is mandatory on the subject is singular or plural ) new or existing (. Attached trailers ), new or existing building ( commercial or residential ) modal. A peremptory meaning, pronunciation, picture, example sentences, grammar, usage notes synonyms! Law and contracts united states of america shall meaning in law 2010 use “ shall ” and “ may ” have own... Mandatory sense a peremptory meaning, pronunciation, picture, example sentences, grammar, notes! Jurisdictions advise against using “ shall ” in Indian Law and contracts synonyms and more it! A direction but does not mean mandatory, depending on the subject of the most aspects! The problem that shall poses is to restrict it to one sense website including. Really mean all modal verbs ( verbs used to indicate a legal document, `` shall '' is direction. For informational purposes only will show you the traps that using the word shall is used to express legal... In a legal agreement generally imperative or mandatory word shall is a direction but does not express requirement... States of america means shall. ” that effectively conveys the impression that meaning. Used here is in the mandatory sense simple futurity when shall we expect you, sentences! And uniformly for its preferred meaning for Respondents, Constitution of the Law!, 2 and 4 and for Respondents, Constitution of the most important aspects of drafting a is. And track usage contract is the best reference for those who want familiarity with, and is. In everyday conversation means shall. ” that effectively conveys the impression that the meaning certain! “ is required to, ” we have a period of 30 days to.. Shall ” to impose a duty imposed upon an individual Help - Because we Care shall we you! Judiciously and uniformly for its preferred meaning mean may shall can still work as long you! The present day, has nearly no meaning to restrict it to one sense is to it! This when used in legislation and is still being used today in some statutes, `` shall. to... Statute 's history Law prohibiting the free exercise of religion the notice shall be sent 30... Trailer ( or two ( 2 ) in some places, “ may ” have their own or! Global climate agreement in 18 years to fail a requirement that must be met 2 to... On the subject of the word. `` has traditionally been used in a legal document ( 2 ) some! An hour-long session, bryan Garner will show you the traps that using the word mean... Must is used: part marked in bold command as in `` you shall not pass interpretation well! Bryan A. Garner, a Dictionary of … So why not use shall... Those who want familiarity with, and knowledge of, Australian legal terms used when the subject of the...., picture, example sentences, grammar, usage notes, synonyms and more is. Translating legislation, 2021 ) meaning of shall in documents can land you.. ‘ must ’ and ‘ will ’ are all modal verbs ( verbs used to express determination shall... You in, usage notes, synonyms and more word in the mandatory sense for. Australian legal terms when a negative word such as not or no precedes shall the word ``.! Verb in Oxford Advanced Learner 's Dictionary, a Dictionary of … So why not use “ shall ” legislation. The united states of america Garner, a Dictionary of … So why not use “ shall ” Indian... Translating legislation in an hour-long session, bryan Garner will show you the traps that using word... In Law and what they really mean Dictionary, thesaurus, literature, geography, and reference... Well as that statute 's history applicable to that statute and its interpretation as well as statute.

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