Oracle Corporation et al v. SAP AG et al

Filing 1201

Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)

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EXHIBIT 2 Foundation A-6329-1 for Joint Statement Pretrial A-6329-1 Trial Exhibit Defendants Undisputed Foundational Support section facts identifying Jeff Henley as Oracles chairman of the board ORCL00034267 Oracle of the Board Larry ORCL000341 Keith Block 85 organizational Oracle as Oracle organizational identifying Jeff Henley as Oracle chart CEO Ellison as Oracle and Charles Phillips chart identifying Larry Vice President Executive as Oracle and Charles Chairman Co-president Ellison as Oracle Phillips as Oracle CEO Co president Ellison Nov Sept 17 2009 Block Blocks July 23 SVI-I 08747v1 2008 as executive as at 78110-14 Larry Ellison that testifying Mr Henley is at 214-9 2112-13 2115-21 177-182 and reporting structure and showing that identifying he was on Oracles Committee Feb 23 2010 Block Tr Depo Tr responsibilities Executive Blotner Trial chairman of the board Oracles Block 2010 Oracle Oracle Depo Tr vice president Expert Executive 1810-18 at for Report Rule 30b6 North America identifying Keith sales of Paul Meyer redacted Vice President testimony excerpt identifying of Sales and Consulting in Keith North America BINGHAM McCUTCHEN DONN Embarcadero San 415 415 Facsimile 157468 DAY WALLACE SBN 555 California San 94111-4067 Francisco 393-2000 CA Facsimile 626-3939 875-5700 ramittelstaedtjonesday.com geoff.howard@bingham.com jmcdonell@jonesday.com bree.hann@bingham.com ewallace@jonesday.com FLEXNER LLP BOlES SCHILLER DAVID BOlES Admitted Pro Hac Vice JONES 333 Main Armonk DAY THARAN GREGORY 914 1999 12 13 Harrison 739-3900 jfroyd@jonesday.com sho1tzman@bsfl1p.com JONES SCOTT DORIAN DALEY 500 GLOSS Telephone CA City DAY COWAN JOSHUA SBN 129049 SBN 154227 Oracle Parkway Facsimile 16 739-3939 tg1anier@ionesday.com CA 94612 Telephone 510 874-1000 Redwood 15 650 650 Facsimile Oakland JENNIFER 14 St 144177 900 Suite 220776 94303 Telephone HOLTZMAN SBN 138784 Road CA Palo Alto 749-8200 dboies@bsfllp.com STEVEN SBN Embarcadero 1755 10504 SBN LANIER FROYD JANE Street NY Telephone 11 197882 Floor 94104 415 415 Telephone 393-2286 26th Street donn.pickett@bingham.com 10 133 of Pagel MITTELSTAEDT SBN 060359 ROBERT JASON McDONELL SBN 115084 ELAINE Center CA Francisco Telephone JONES SBN HOWARD SBN SBN 215695 GEOFFREY BREE HANN Three LLP 72257 PICKETT FiIedO4/26/12 Documentll4l Case407-cv-01658-RJH 717 Texas Houston M/S Suite TX 832 832 Facsimile 650.506.4846 3300 77002 Telephone 94070 Admitted Pro Hac Vice Admitted Pro Hac Vice FUCHS 239-3939 239-3600 swcowan@jonesday.com 650.506.7114 jlftichs@jonesday.com dorian.da1ey@orac1e.com jennifer.gloss@oracle.com 17 Attorneys SAP Attorneys for Plaintiff Oracle International AG ow omorrow Corporation 19 NORTHERN DISTRICT OAKLAND 21 ORACLE USA INC and nc STATES DISTRICT COURT UNITED 20 Defendants for SAP America Inc eta OF CALIFORNIA DIVISION Case No 07-CV-01658 PJH EDL 22 JOINT Plaintiffs STATEMENT PRETRIAL 23 Date SAP Time Defendants 3rd Judge AG eta May 24 230 pm Place 24 Hon 2012 Floor Courtroom Phyllis Hamilton 26 27 28 SVI-107234v1 Case JOINT PRETRIAL STATEMENT No 07-C V-01658 Pit-I EDL Documentll4l Case407-cv-01658-PJH 99 Charles 100 Safra Catz 101 Safra Catz was the Chief Financial 102 Jeff 103 On was Phillips is Henley Co-President the Oracles of Oracle of Oracle and the President is Pi1ed04126/12 of Oracle of the Board and Chairman 2004 2008 to this 2010 to 2004 since from 2005 has held 133 in from some time has held this position Officer of Pagel3 since position 2004 about or information with the with the That document 10 was made 11 information transmitted 12 regularly 13 as at On about or 16 the 17 document USA bates-stamped the or near at 19 information transmitted 20 regularly 21 as conducted regular On 23 financial 24 connection 25 PJF 26 business record 27 therein 28 kept in the July true No 07-CV-01658 SAP of an copy of the matters the business conducted regularly record by the in kept EDL PJF forth therein set of those matters made by and Inc Defendants 15 2009 SAP Customer SAP et AG or that from course of business activity true is time of the occurrence No of an of the matters person with knowledge by Case forth the regularly or in kept conducted with That was that record by therein EDL PJF business of those matters made by and set connection in 07-C V-0l 658 SAP of financial report 2009 Update.xls copy al et customer produced Report July SAP-OR00789887 business activity or information by al Case et connection in from the course of business activity practice 105 EDL activity Customer Report.xls is person with knowledge name file Oracle litigation 22 by business information with the made AG SAP al near the time of the occurrence or 15 18 et of financial report practice 104 14 Inc customer produced 00603615_SAP bates-stamped SAP-OR00603615 conducted regular USA Oracle litigation SAP-OR name file 2009 Defendants January about November with the name file with the litigation Oracle That document or that was SAP USA at conducted al et the Report Updated SAP AG JOINT et is al true person with knowledge by business activity and PRETRIAL No copy of of an of those made by in 07-C V-01658 SAP of the matters Case STATEMENT report lO-30-09.xls Case time of the occurrence 13 SVI-107234v1 customer produced SAP-0R00841587 or near from information transmitted course of regularly Customer Inc bates-stamped made Defendants 2009 set forth matters the regularly No 07-CV-01658 PJH EDL Chart Organization ORACLE Page Aria of People Search Lawrence Ellison CEO Directs Safra President Cats end Total of Jeff Chainnan 5540 Lawrence Director CFO Lynn Recnj Tot ot the CEO Execuve of and the Pres Assistant CEO harlea Total Dirk Office Kabcenell Consulting Phillips 33235 Juergn Charlee Rozwat Product Confidential Edward Chief Oevonrneni Total Highly President Screven Coroorate Total Architect John Senior Rattler Executive Va Orade Customer Total Executive \fce Architect and Prea Prest Office Assistant of the 69602 ycHIgjiL Bpad Nordemann Andrea Total Kenley Total Executive 11 President Send 13565 Wookey i1ce President 463 16782 Information Attorneys Eyes Only 0RCL00034267 of Page Chart Organization O1ACLE Aria Search People Lawrence EIllsmi EQ Directs 11 Charles Total 69602 Phillips President Directs Orade Global Business Total Retail Ejllye Ace Total Unit Executive of 10559 Bhaskar Ttcegl Total Senior 10413 the Total Progr 5jpr Worldwide President Device Toial Alliances John SVP Ch Global and Sales Total .-...-J ....- Hukku Rajsh Manager Senior Vice Total PresidEQ.t 54 1194 LuizJAli1sr Kopcke Intelligence Performance Total Mana 5cor Vice President Total L.AD 1309 93 ______ Sim Chief Marketing Sales QpLjons Pres Total Business 147 Senior Vice President 91 -.--.- VP Grady Total Kennedy Judith FreLReih Embedded Office Uj.L ____ ____ Senior Vice and General 916 Vice President Total 169 SVP Commu Manaer ug President Accelerate CEO turham Patrick Assistant Quentin Gorti Vice President Total Tony Kender Senior Vice Cub Sona President Total General Gtobal 33235 1259 Giacoletto ergio Executive Total iIk Angve Duncan GM 16 Derek onny..SIao.h Senior Officer Vice President Total 609 lBU Executive Williams Vice Total President 5623 747 ._____..__....l___ NeutsteCxesQ.enQ Senior General Vice President Manager LSGBU Total 1Tn Highly Confidential Information Attorneys Eyes Only ORCL000341 85 UNITED NORTHERN HONORABLE BEFORE THE ORACLE CORPORATION DISTRICT STATES OF DISTRICT PHYLLIS ET CALIFORNIA JUDGE HAMILTON AL JURY TRIAL NO PLAINTIFFS VS SAP COURT 07-01658 PJH VOLUME AG ET AL PAGES DEFENDANTS 754 OAKLAND MONDAY ___________________________ TRANSCRIPT OF 946 CALIFORNIA NOVEMBER 2010 PROCEEDINGS APPEARANCES FOR PLAINTIFFS BINGHAM MUCCUTCHEN LLP EMBARCADERO CENTER CALIFORNIA SAN FRANCISCO ZACHARY ALINDER HOLLY HOUSE GEOFFREY HOWARD DONN ATTORNEYS PICKETT THREE BY 94111-4607 AT LAW SCHILLER FLEXNER LLP HARRISON SUITE 900 STREET CALIFORNIA 94612 OAKLAND BOlES 1999 BY DAVID STEVEN CONTINUED APPEARANCES REPORTED BY RAYNEE Raynee Meraado CSR MERCADO CRH FCRR Dane NEXT ATTORNEYS AT LAW PAGE CSR NO 8258 CSR NO 4909 FCRR CCRR 510 451-7530 MERCADO SKILLMAN DIANE RAYNEE BOlES HOLTZMAN CSR RMR Skillmae CSR CRR RPR RORR 5aa486af-96d5-4O92-bO782f276d57563O Page YOU IF WOULD BINDER A4089 TO SIR THERE YOU YOUR IN DOCUMENTS REVIEWING ARE TURN 781 lAM YOU THANK AND JEFF HENLEY THATS THAT EMAIL EXCHANGE AN AND YOURE COPIED AT TIME THIS BETWEEN THERE JOB MS CATZ AND YOU SEE YOU THAT SEE DO WHAT 10 11 MR WAS HENLEYS THE IS MARCH OF 2005 12 HE WAS 13 SO TO 14 CHAIRMAN OF OUR THE MS 16 THATS 17 SHE 18 SOMEBODY 20 YOU SHE CATZ BOSS HAVE WAS OF REPORTING HE WAS YOUR DIRECTLY TO BOSS YOU AT THE TIME YES 19 EXTENT BOARD DIRECTORS CORRECT AND THE YES CORRECT DOES STILL YOU TRUST AND 21 MR LANIER 22 MR BOlES NO 23 THE COURT RELY ALL YOUR 24 WE HONOR RIGHT RECEIVED Nrad CSR ORR ECR Skit C3R RPF MOVE ADMISSION OF 4089 OBJECTION ADMITTED DEFENDANTS 25 yne ASSUME ON IN EXHIBIT A4089 EVIDENCE ECRR 5aa486af.96d5-4092-b078.2f 276d 575630 946 CERTIFICATE WE REPORTERS RAYNEE FOR CALIFORNIA THE BY UNITED HEREBY C07-01658PJH REPORTED MERCADO SHORTHAND 10 DIRECTION INTO 11 COMPLETE 12 THE TIME 13 INC USA REPORTERS AND THAT ON MONDAY US AND RECORD DIANE THE FOREGOING AL ST WERE OF 2010 DISTRICT AG THE SAID PROCEEDINGS THE SAID 15 FROM THE VALIDITY TRANSCRIPT CERTIFIED FOREGOING UNDER COURT MAY OF THE REPORTERS AS BOUND CERTIFICATION VOID UPON DISASSEMBLY MERCADO CSR RMR CRR FCRR CSR RPR FCRR BE AND/OR 17 DIANE SKILLMAN 22 23 24 25 BY US TUESDAY NOVEMBER 2010 OF REMOVAL FILE RAYNEE OUR FULL IS 16 21 WERE OF FILING 14 18 IN AL FT TRANSCRIBED THAT OF PROCEEDINGS SAP THEREAFTER OFFICIAL SKILLMAN NORTHERN COURT NOVEMBER TYPEWRITING TRUE AND STATES CERTIFY ORACLE OF REPORTER CCRR AT KEITH BLOCK September 17 HIGHLY CONFIDENTIAL ATTORNEYS 2009 EYES ONLY Page UNITED STATES NORTHERN DISTRICT SAN INC corporation INTERNATIONAL OF FRANCISCO ORACLE CORPORATION Delaware corporation USA DISTRICT 11 COURT CALIFORNIA DIVISION ORACLE Colorado and ORACLE CORPORATION corporation California Plaintiffs vs SAP AG German SAP AMERICA corporation INC DOES No 07CV-1658 PJH corporation INC Delaware TOMORROWNOW Texas corporation 150 inclusive and Defendants VIDEOTAPED DEPOSITION KEITH THURSDAY HIGHLY REPORTED BY HOLLY BLOCK SEPTEMBER CONFIDENTIAL THUMAN OF 17 ATTORNEYS CSR No 2009 EYES 6834 ONLY RMR CRR 1421905 Merrill Legal Solutions 800 869-9132 3695d14a-77ef-4731b14a.476571cQb8Oa -.- -.-.. -. ---- -- KEITH HIGHLY BLOCK 17 September 2009 ATTORNEYS CONFIDENTIAL ONLY EYES Page 092442 became 092445 North America When 092449 Right 092452 Who 092458 Larry 092501 And was North President of were 2000 you in to reporting job that EliLison what America that around became 092505 Vice Consulting 092446 092502 Executive an 17 did 092510 10 Was 092512 11 12 Still 092514 13 092514 14 At 092516 15 And 092518 16 092521 17 092524 18 consulting 092526 19 20 Are 092533 21 22 Who 092534 23 Charles 092536 24 When 092538 25 President of Consulting Yes 092533 Vice that America 092531 and after Yes 092512 next Executive an Sales do you that 2002 in reporting to Larry Ellison in that job that time what yes were your responsibilities in that position the Running and still in you sales sales businesses consulting you do license that report North in position today to Phillips did you begin reporting to Charles Phillips Merrill Legal 800 Solutions 8699132 3695d1 4a-77ef-4731.bl 4a-476571 cOb8Oa KEITH BLOCK September 17 ATTORNEYS HIGHLY CONFIDENTIAL 2009 EYES ONLY 18 Page 092540 the remember 092546 Mr 092549 did Ellison 092553 Mr reporting change you Mr to Thats 092552 exactly lines from date Why 092545 dont 2005 Approximately 2004 Phillips probably good for question Ellison 092557 MS HOUSE 092559 MR McDONELL Calls for speculation In other words you dont know 092600 092600 10 No 092605 11 MR 092606 12 092606 13 092609 14 identification 092626 15 MR 092628 16 been 092630 17 document 092633 18 Deposition 092637 19 May 092638 20 You 092640 21 just 092642 22 record 092700 23 092702 24 Okay 092705 25 You McDONELL Mark that for the record please Exhibit Defendants marked of have Merrill it not you whats you this seen Notice of as particularly important of part if Ive that as can just set know Legal 800 Have Mark you showing for it Its may marked Block read dont was Its Defendants Keith to 650 Exhibit before want Im McDONELL as 650 seen next this the deposition this in document order down in please front of Solutions 8699132 3695d14a.77ef.4731 .bl 4a.476571c0b80a KEITH HIGHLY BLOCK 17 September 2009 ATTORNEYS CONFIDENTIAL ONLY EYES 21 Page number 092917 Somewhere around that 092918 Somewhere around 10000 092919 Yes 092936 Do 092938 serve you on cormnittees at any Oracle Corporation 092941 Yes 092942 What 092944 Im 092946 committees do Executive on on serve you Committee the Executive is the scope Committee 092947 10 Any 092947 11 No 092950 12 Generally 092953 13 092955 14 MS HOUSE 092959 15 THE WITNESS 093000 16 MR McDONELL 093004 17 Its 093010 18 spend 093014 19 business 093017 20 field 093022 21 are 093026 22 093027 23 responsibility 093029 24 PeopleSoft 093030 25 the others of responsibility time issues At to important about the or time to this particular time Yes or policy initiatives Did as Vague of Committee Executive the essentially talking what speaking forecasting issues things discuss Executive for the of group as that as go executives potentially relates it topics management Committee decision to that to that team have acquire No Merrill Legal Solutions 800 869-9132 3695d14a-77ef-4731 .bl 4a-476571c0b80a MerrI SolutIons Legal II MERRiLL CORPORAIION To assist please them and make insert the line making your the the pages to the changes not Please do NOT change your Signature Floor If on the then the change you wish for corrections wish you listing the make and to on the face of the the to page reason transcript any of the questions review line please and return sign the the last Errata San Francisco CA 94105 of the page sheets or fax to them errata Merrill to sheet Legal 415 above the at 135 of to Solutions 357430L sheet Line Yes Change change Reason incorrectly Change change Reason 22 sheet by errata furnish please any errors or changes find you Errata Page testimony your deposition pages are necessary of the errata sheet back and to DEPOSITION additional make any changes and do Main Street for corrections If and/or corrections reference Please designated below transcript carefully number After completing and changes the directions attach read Please and in you follow YOUR FOR READING/CORRECTING INSTRUCTIONS to No clarification captured not that so Im believe they Change change Reason Incorrectly to no captured aware Page Line Change Reason_________________________________________ Change Reason___________________________________________ Change Reason___________________________________________ Change Reason__________________________________________ Change Reason_________________________________________ Change Reason_________________________________________ Change Reason_________________________________________ Subject _________ No to the changes above have changes been made certify that the transcript is certify that the transcript is ______________ sigature true and correct true and correct /o date JOL CERTIFICATE HOLLY hereby foreqoinq deposition truth the truth in said me by and therein 10 said 11 by witness was That 12 13 of the 14 15 provided 16 are before requested the was tell but the in person at the the typewriting review deposition If requested and deponent the during of supervision not the by time the testimony to and was reporter to down that of made the allowed period hereto appended further 17 taken reduced completion in sworn nothing direction my changes any and thereafter witness cause was state transcript to and truth disinterested under computer the me duly by deposition shorthand place was within-entitled the That that certify whole the Shorthand Certified TRUMAN Reporter OF REPORTER for certify either that 18 attorney 19 said 20 event 21 any 23 DATED 24 am not of the of counsel or the ______________ CSR deposition of of this the or nor cause any in and any way that parties interested am not to in related the to thereto parties 09 HOLL UMAN 25 246 RICHARD BLOTNER HIGHLY UNITED NORTHERN SAN STATES OF FRANCISCO 23 2008 COURT DISTRICT DISTRICT July CONFIDENTIAL CALIFORNIA DIVISION --oOoORACLE Delaware CORPORATION corporation INC USA ORACLE Colorado and ORACLE corporation INTERNATIONAL CORPORATION California corporation Plaintiffs No vs SAP AG German corporation INC SAP AMERICA corporation INC DOES 07-CV-1658PJH Delaware TOMORROWNOW Texas corporation inclusive 150 and Defendants DEPOSITION RICHARD Wednesday CONTAINS REPORTED BY HIGHLY CYNTHIA OF BLOTNER July 23 2008 CONFIDENTIAL PACINI CSR MATERIAL 6117 RMR CRR 01-411414 Merrill Legal Solutions 800 869-9132 fa6333c2524741 568fefcO2a2d623366 23 BLOTNER July HIGHLY CONFIDENTIAL RICHARD 2008 18 Page Is ten than more it less than Its definitely more How to find ten find that would you if out are how many regions there out ten than wanted you sales regions would have internally at then Who is At 12 13 Well Okay -- mean at the you mean the would have and drill all start to maybe we top to top my organization is -- do top of you North America for America yes For North 15 Is 16 Whats 17 Keith Block is executive for from the should try that 14 18 way your organization of top look to the the bottom to from the bottom than 10 11 our directory Its actually easier down the -- to Keith Block his title vice president North America sales 19 And who 20 Keith has is underneath series of Keith Block direct reports business Fernicola runs our technology 21 Tony 22 Mills 23 strategic 24 applications 25 commercial accounts runs our or applications business for larger accounts business for all Merrill the nongovernment Legal 800 the Boucher John rest of kinds Matt runs our the of Solutions 8699132 fa6333c2-5247-41 56-8fef-c02a2d623366 RICHARD BLOTNER July CONFIDENTIM HIGHLY declare the foregoing is under true and penalty correct of 23 perjury that Subscribed at California of JL4ff 2008 this3 day 2008 RICHARD BLOTNER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 Merrill Legal Solutions 800 8699132 MerrillLegal Solutions To assist pages is the of the errata final read it you are in carefully your deposition are of your If sheet of the possession deposition find you testimony foflow please furnish necessary please DEPOSITION them and transcript any errors or changes you wish beside original the attach the page transcript and do line to make numbers NOT make any changes on the transcript Do NOT change After completing above version to pages sheet on the errata the corrections If corrections additional If back to the Please directly making below This insert in you directions YOUR FOR READING/CORRECTING INSTRUCTIONS the designated any of the questions your review Signature please line and sign the return last page of the errata the transcript to your sheet attorney ERRATA SHEET Page Line Change Reason_______________________________________ Change Reason_____________________________________ Change Reason the Page Une Change // Reason __________________________________ Change // Reason_________________________________________ Change Reason Change Reason_______________________________________ Change Reason_________________________________________ Change Reason Change Reason_________________________________________ ________ Subject to the above No changes have signature changes been made transcript is true and correct certi that the transcript is true and coect certify that the date OF REPORTER PACINI Certi CERTIFICATE CYNTHIA hereby Reporter was foregoing deposition truth whole the withinentitled That shorthand 10 witness 11 computer was said That and but nothing deposition and before review 14 If 15 provided to 16 appended that reduced direction my 13 was disinterested thereafter under 12 in the to tell the the in truth the cause therein stated place witness the me duly sworn by truth me by that certify Shor and completion at person the to down taken in the time testimony of typewriting and said the by supervision of the deposition hereto of the requested attorney for 19 deposition 20 this 21 parties 25 any the cause was changes reporter further 1/ 22 transcript made or nor in and that any any way am the during the certify either by was that of the requested and deponent period allowed are not of counsel parties to the am interested not not said in the event related to any of CSR No of the thereto DATED CYNT IA PACINI 6117 or ORACLE USA INC SAP CASE AG No El AL ET AL 07-C V-01658 SUPPLEMENTAL EXPERT REPORT TM FINANCIAL OF PAUL FORENSICS FEBRUARY 23 MEYER LLC 2010 -J PAUL MEYER Keith Block Orade EVP of Sales and Consulting in Page 37 of 281 Protective Subject to Highly Confidential Order Information Attorneys Eyes Only North America

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