RICS Project Monitoring
RICS Project Monitoring
RICS Project Monitoring
Project Monitoring
Project monitoring
© Royal Institution of Chartered Surveyors (RICS) March 2007. Copyright in all or part of this publication rests with
RICS, and save by prior consent of RICS, no part or parts shall be reproduced by any means electronic, mechanical,
photocopying or otherwise, now known or to be devised.
1 Introduction 1
1.1 Background and objectives 1
1.2 An overview of the process 2
2 Client analysis 4
2.1 Funding institution/institutional investor 4
2.2 Tenant or purchaser 5
2.3 Bank or other development finance company 6
2.4 Grant funders 7
7 Professional practice 30
Appendices 33
A Appointment checklist 34
B Sample appointment letter 39
C Initial audit report 41
D Drawdown checklist 46
Drafting Committee
Dr Joe Giordano BSc (Hons) MRICS, is a Director of Devsol Consulting a
construction and property consultancy which provides Development and
Funding Solutions to the Property, Construction and Finance Sector, which
includes Project Monitoring services to a number of banks and funds. He is
also the joint owner of Equityinterchange.com, a specialist equity fund
provider and has a Doctorate in Project Finance.
Michael Griffiths BSc (Hons) MRICS is a Chartered Building Surveyor with
over twenty years of experience in the field of property and construction. He is
an Associate of Edward Symmons, a national firm of surveyors which amongst
other services, provides valuation and Project Monitoring advice to over 100
banks and other funders in the UK and overseas. Michael is presently the head
of the Building Consultancy team in their Liverpool office.
Ed Badke MBA MRICS is the RICS Director for Construction and the Built
Environment. He has over twenty five years experience of UK construction and
property development.
Working Group
Richard Aitchison, Tuffin Ferraby Taylor
Sharon Castellette, Barclays Capital
Chris Cooke, Legal and General Property Limited
Kieran Fitzpatrik, Investec
Marc Haslam
Richard Hyde Westpac Banking Corporation
Stephen Malley, Reynolds Porter Chamberlain LLP
Bruce Matthews, Deutsche Postbank
Peter Miller, William Martin & Partners LLP
John Reyers, Sanderson Weatherall
Richard FD Schofield, Rider Hunt Management Services Limited
Neil Stansbury, Transparency International (UK)
Jon Symons, ROK Development Limited
Michael Tiplady, Jones, Lang, Wootton
Chris Tucker, Atisreal Limited
Roger Watts, Trident Building Consultancy Limited
The different types of Client who require Project Monitors have been analysed
below both by Client type and risk profile. In practice, however, it is not
uncommon for Clients to cross over these boundaries. In such case both
Clients and their Project Monitors need to give careful consideration to the
risks that they carry and how best to manage these risks.
In many instances it is important that the Project Monitor understands the
project finance strategy and in particular the split between equity, debt and
mezzanine finance.
The risk headings given below can be used to develop a specific Client project
risk profile.
The role of a Project Monitor in the private finance initiative is covered later in
this guidance note.
Risk headings
In these circumstances the Client retains a combination of short-term
development risks and longer-term property risks. Each of these is explored
more fully below.
Risk headings
In these circumstances, the Developer retains the short-term risks associated
with construction costs and programmes. If the Developer defaults in any
Risk headings
This Client’s risk profile is heavily weighted towards the development period.
The Client’s risk normally ceases upon practical completion, or shortly
thereafter, when the loan is repaid.
Consequently the Client should focus on the following services:
+ land and property acquisition matters;
+ statutory consents;
+ competency of the Developer, its team and any proposed project
management systems;
+ financial appraisals;
+ development, finance, consultancy and construction agreements; and
Risk headings
This Client’s financial risk profile is heavily weighted towards the development
period. The Client also has a high degree of public accountability as in most
cases the funds come from the public purse. Whilst the Client’s financial risk
may cease upon practical completion, its political risk can, and often does,
continue thereafter.
Consequently the Client will need to select from the range of Project
Monitoring services including:
+ land and property acquisition matters;
+ competency of the Developer, its team and any proposed project
management systems;
In this section of the guidance note the various services available from Project
Monitors have been spilt into a series of separate headings. In practice we
would expect a Client to select a range of services underneath each of these
headings.
The level of service and the degree of monitoring required will also vary in
proportion to the size and complexity of the development. These points are
explored more fully in chapter 4 – Instructing a Project Monitor.
It is important that the Client, the Developer and the design and construction
team understand the role of the Project Monitor. It is not the role of the Project
Monitor to shadow other members of the development team. Indeed to do so
is likely to create confusion and tension within the team. Nor is it the role of
the Project Monitor to check the legal agreements in detail or to assume any
liability for their accuracy. Instead the Project Monitor is there to advise the
Client on its interest in, and risks associated with, the development typically by
observing and commenting on the project planning and delivery processes.
It is also important that the Client and development team understand that the
Project Monitor is dependant on others to provide the information needed to
carry out his or her appointment. When reporting to the Client the Project
Monitor should state what information he has relied upon and what
information is missing or that he would like to have had the opportunity to
review. Measures need to be put in place in the agreements between the Client
and the Developer to require the Developer’s teams to cooperate with the
Project Monitor in this regard.
Guidance
It is fundamental to any scheme that the Project Monitor establishes the
statutory and other consents required and, insofar as is possible, ensures these
have been obtained or are likely to be obtained prior to the Client entering into
contract with a Developer.
If this is not possible the Project Monitor may need to develop a strategy and
programme for ensuring the Developer obtains any outstanding consents at
the appropriate time. It is recommended that this strategy be agreed with both
the Client and the Developer and appropriate protocols be included in any
development agreements. In order to establish a realistic programme the
Guidance
If instructed to advise on the development team the Project Monitor has four
roles to play:
+ firstly to advise on the skills and experience of individual team members
for discharging their appointments;
+ secondly to advise on the financial ability of the development team to
execute the project;
+ thirdly to comment on whether the fees, scopes of services and resources
individual team members propose to deploy in respect of the development
are adequate; and
+ finally the Project Monitor may also be required to review the procurement
of the development team and in the public sector ensure that the
appropriate EU procurement requirements have been followed.
It is not the responsibility of the Project Monitor to warrant that the
development team has the competencies and resources required to carry out
their appointments. Rather the Project Monitor should advise the Client on
Finally the Project Monitor may wish to review the professional indemnity
insurance cover available from the development team. This review should
include both the financial level of cover as well as any abnormal policy
restrictions. In some instances (including for example environmental pollution
or asbestos) additional project specific cover may be required.
This service may also require that the Project Monitor advises the Client on the
need for additional or complimentary project or latent defect insurance.
The appraisal should contain details of purchase and sale/rent values as well as
assumptions made to justify those values and yields. Assessing those values is a
matter for the client and its valuers and not for the Project Monitor.
Guidance
When instructed to review sale, purchase, tenancy, funding and finance
agreements the Project Monitor’s responsibility will include reviewing the
adequacy of the technical documentation supplied and identifying any areas of
concern. This will also extend to cover advice on terms that may be included in
these agreements to allow the Project Monitor to discharge his or her duties
and, in effect, to manage the Client’s risk effectively. By way of example it is
Guidance
It is not the role of the Project Monitor to warrant the accuracy of the
Developer’s forecasts for construction costs and programmes. Rather the
Project Monitor may use professional expertise and sector knowledge to
provide the Client with an informed overview of these documents and
highlight any areas of concern and significant omissions that may present a
risk.
Where a funding or debt finance agreements are used the Developer’s forecasts
should also be used to calculate cash flow and drawdowns.
In addition where a Project Monitor is appointed to look at quality aspects of
the completed development these documents can be used to monitor
variations to the agreed plans and specifications and report on actual progress
against planned progress.
In each of the instances above it is important that the Project Monitor advises
the Clients on any areas of concern at regular intervals (normally monthly)
during the development process. It is best that cost and time overruns do not
come as an unwelcome surprise upon practical completion. Although the
Project Monitor has to rely on the information provided by the development
team, the Client may be advised if the cost management and reporting
processes are inadequate.
If asked to comment on sustainability the Project Monitor is advised try to
benchmark the project against the industry standard rating systems (currently
BREEAM and ECOHOMES developed by the BRE).
The data streams and methodologies used to calculate lifecycle costs are not as
mature and a dominant standard has still to emerge. Therefore the Project
Monitor might wish to view any lifecycle cost calculations with caution and
advise the Client accordingly.
When involved with smaller developments and inexperienced Clients and
Contractors, the Project Monitor, whilst strictly responsible to the Client, may
also be asked to perform a hand-holding exercise with the Client and may have
to develop his or her own elemental breakdown of construction costs to prove
or disprove the Developer’s figures. Contact with the building control and
planning authorities may be needed.
Agreements made with neighbours over boundaries, party walls and the like
may also need to be considered.
Such situations though not to be welcomed are frequently encountered and
any agreements are clearly recorded in the Project Monitor’s appointment.
Guidance
It is not the role of the Project Monitor to warrant the accuracy of the design
team’s drawings, plans or specifications. It is important that Clients understand
that when acting in this role the Project Monitor is not a designer.
However it is the Project Monitor’s responsibility to advise on the robustness
and appropriateness of the specification agreed between the Developer and the
Client. In particular the Project Monitor will ensure that a clear quality
benchmark is agreed between the Client and the Developer. For example, if
information is scant the Project Monitor will need to advise the Client
accordingly and propose a robust process for monitoring compliance with the
agreed specification as the development progresses.
Alternatively if a full set of coordinated design information is available the
Project Monitor will have to advise upon the most appropriate way to use these
documents to review the design and monitor the quality of the completed
development.
Wherever possible the Project Monitor is advised to ensure that a written
specification and set of plans are agreed between the Client and the Developer
and that a process is put in place for agreeing variations to the brief before any
instructions are given to the design team. In this context it is important to
anticipate that variations may be requested by both the Client and the
Developer. All parties, therefore, need to understand the limits of their
authority and the procedures to be followed for managing variations under any
development agreement/agreement for lease, etc.
When carrying out these services the Project Monitor may also need to make
contact with third parties who may have an interest in the project. For example
the planning and building control authorities and adjoining owners may need
This guidance note provides a summary of the points that the Client and the
Project Monitor should consider when discussing an appointment. It is not
intended for use as a detailed guide for the appointment of a Project Monitor.
In practice many Clients have standard terms and conditions for the
appointment of Project Monitors. For ease of reference a sample appointment
letter and scope of services checklist have been included in the appendices of
this guidance note.
An initial review of the scheme drawings, outline and/or detailed
specifications, cost, programme and the consultants involved will allow the
Project Monitor to gauge the degree of risks and therefore the level of service
he or she is likely to require to fulfil the brief. It is important at this stage that
the Project Monitor clarifies with the Client the agreement he or she has
reached, or intends to reach, with the Developer, in order to ascertain the scope
of services required from the Project Monitor.
In some cases it may be uneconomic for the Client to appoint the Project
Monitor to perform a full service. On smaller schemes, for example, the time
expended by the Project Monitor, and consequently the fees charged, may
out-weigh their perceived benefit. This may have the unintended consequence
of making a bank’s funding proposal less attractive. In these circumstances it is
important to point out to the Client that the reduced level of service may affect
the Project Monitor’s ability to manage the Client’s risk.
On all developments the Client and the Project Monitor are advised to review
the range of services that are available and agree upon a definitive scope of
services. This is equally important where Clients have ‘standard’ scopes of
services as, sometimes, these can benefit from greater clarity and project
specific services. Full scopes of services will be published as part of the work of
the RICS Appointments Working Group and will broadly follow the headings
used in this guidance note:
+ land and property acquisition matters;
+ statutory compliance;
+ competency of the Developer, it’s team and any proposed project
management systems;
+ financial appraisals;
+ development, finance, consultancy and construction agreements;
+ construction costs and programmes; and
+ design and construction quality.
In practice the Project Monitor will agree with the Client a detailed scope of
services under each of the headings that applies to the project.
In some instances the Project Monitor may perceive a gap between the Client’s
standard form of appointment and the risk profile of a particular project. In
this case the Project Monitor is recommended to advise the Client on the
nature of the risk and its potential impact on the scheme. As such, the Project
Chapter three of this guidance note, Types of project monitoring, outlines the
typical schedule of duties required to be undertaken by the Project Monitor. In
practice the Client will often want to select a range of services from several
different sections, however most instructions fall into three key stages. These
have been set out below.
The role of the Project Monitor when instructed by a Client engaged in the
provision of finance for a Private Finance Initiative and or Public Private
Partnership project is often referred to as the bank or fund’s technical adviser
In principle the role is similar to that provided for the Client providing
development financing, however the fundamental difference is that advice
given does not stop at the end of the construction phase, but includes a
commentary on the lifecycle cost forecast for the period of the concession
agreement.
This section of the guidance note should be read in conjunction with the RICS
Rules of Conduct. Prior to undertaking a commission for the Client the Project
Monitor must ask him or herself whether he or she can deliver the service. If
the Project Monitor is unable to offer the full range of services they should
advise the Client accordingly.
For example the Client may require specialist advice on the building structure
and/or its services. This may require the Client to employ specialists and the
most appropriate way to appoint these specialists would be discussed and
agreed between the Client and the Project Monitor.
In particular situations, it is possible the Client may appoint the Developer’s
own architect or surveyor to provide a Project Monitoring service. In doing so,
there is potential for a conflict of interest to arise. For example the architect or
surveyor being asked to undertake the Project Monitor’s role may have a
long-term relationship with a Developer, often receiving repeat business. The
Client, in asking them to provide a Project Monitoring service, must be made
fully aware of any relationship with the Developer. If the Project Monitor is a
chartered surveyor, then in all instances that surveyor’s primary duty is to the
Client and he or she must report to the Client independently with regards all
risks on a particular development.
It is suggested that such dual appointments be restricted to smaller
developments. However, as a general rule, the RICS recommends that an
independent Project Monitor be appointed.
A Chartered Surveyor must advise the Client of any potential conflict of
interest before accepting any joint instruction. If still instructed, the Project
Monitor and the Client should agree appropriate working practices (e.g.
Chinese Walls) to address any difficulties arising out of potential conflicts of
interest
With an appointment in place the Project Monitor should always observe the
highest professional standards including:
+ respect the confidentiality of information received – the Project Monitor
should at all times exercise tact, diplomacy and good judgement;
+ comment on the performance of other organisations objectively –
comments need to be factual with examples stated where applicable,
opinion and facts should be separated;
+ comment on the accuracy of the development/construction documents
with caution – unless a detailed audit and analysis as been undertaken by
the Project Monitor;
+ advise on the basis of auditing and opinion – if the level and/or quality of
information is not available it is suggested that the Project Monitor state
the basis of the advice given. If the Project Monitor is in any doubt, he or
she can ask for clarification or additional information. Similarly any advice
given must consider current legislation and industry best practice;
Typically a Project Monitor may provide all or some of the following services.
For ease of reference this Scope of Service follows the same structure as
sections three and five of this guidance note. In practice many of the services
will cross over these boundaries.
A Project Monitor is advised to agree a clear brief with the Client to ensure
that the Client’s interests are adequately protected and that the appropriate
services are selected from this list.
1. BASIC SERVICES
1.1 Generally
1.1.1 Provide (insert number) copies of the Documents as provided for under this agreement.
1.1.2 Attend Client, Project, Design and other meetings as provided for under this Agreement.
1.2 Initial Audit Report – Preparation, design and pre-construction (RIBA Outline Plan of Work
2007)
1.2.1 Advise on land and property acquisition matters
1.2.1.1 Review the Client’s interest in the Project. Advise on the technical adequacy of the
Report on Title and any other documentation supplied and on any areas of concern.
1.2.1.2 Identify and advise on restrictions that may affect the Client’s interest in the property
including, for example, boundaries, easement and covenants. Identify and advise upon
any non-statutory consents arising.
1.2.1.3 Identify and advise on any liabilities that may arise from the Client’s interest in the
Project. Advise on any areas of concern.
1.2.1.4 Review any technical reports prepared for, or on behalf of, the Client in connection
with the acquisition of an interest in the Project. Advise on any areas of concern.
1.2.1.5 Advise on the need for further specialist surveys, reports and advice including, for
example, environmental reports, party wall awards, rights to light surveys, building
surveys and measured surveys.
1.2.1.6 Advise on the risks arising out of the information supplied or out of the lack of
information available. Recommend a strategy and programme for managing these
risks.
1.2.2 Advise on statutory compliance
1.2.2.1 Review the statutory consents in place. Advise on the adequacy of the documentation
supplied and on any areas of concern.
1.2.2.2 Identify any further statutory consents required, including the discharge of any
conditions associated with any statutory consents in place. Recommend a strategy and
programme for obtaining any outstanding consents.
1.2.2.3 Advise on the risks arising out of the information supplied or out of the lack of
information available. Recommend a strategy and programme for managing these
risks.
1.2.3 Advise on the competency of the developer, Professional Team, the Contractor and any proposed
project management systems
1.2.3.1 Confirm the details of the developer, the Professional Team and the Contractor. Advise
upon their skills, experience and financial stability in respect of the Project.
1.2.3.2 Review any consultancy agreements and the Building Contract. Advise on the
adequacy of the documentation supplied and on any areas of concern.
1.2.3.3 Review the fees, scopes of services, insurances and resources of the Professional Team
and the Contractor. Advise on the adequacy of the documentation supplied and on
any areas of concern.
1.3 Progress Reports – Pre-construction and Construction (RIBA Outline Plan of Work 2007)
Note: Progress reports will normally be carried out at monthly intervals unless stated
otherwise.
1.3.1 Advise on land and property acquisition matters
1.3.1.1 Advise on matters outstanding following completion of the Initial Audit Report.
Recommend a strategy and programme for managing these risks..
1.3.1.2 Monitor and report on progress measured against the strategy and programme. Advise
on any areas of concern.
1.3.2 Advise on statutory compliance
1.3.2.1 Advise on matters outstanding following completion of the Initial Audit Report.
Recommend a strategy and programme for managing these risks.
1.3.2.2 Monitor and report on progress measured against the strategy and programme. Advise
on any areas of concern.
1.3.2.3 Obtain a report from the developer, the Professional Team and the Contractor on
statutory compliance. Advise on any areas of concern.
1.3.3 Advise on the competency of the Developer, Professional Team, the Contractor and any proposed
project management systems
1.3.3.1 Advise on matters outstanding following completion of the Initial Audit Report.
Recommend a strategy and programme for managing these risks.
1.3.3.2 Monitor and report on progress measured against the strategy and programme. Advise
on any areas of concern.
1.3.3.3 Obtain a report from the developer, the Professional Team and the Contractor on
completion of consultancy agreements, the Building Contract and associated
warranties/third party rights schedules (i.e. to cover all third-party issues). Advise on
any areas of concern.
1.3.3.4 Advise on insurance cover taken out by the developer, the Professional Team and the
Contractor. Advise on any unusual exclusions and/or excessive excess levels. Advise on
any areas of concern.
1.3.3.5 Advise on the resources supplied by the developer, the Professional Team and the
Contractor Advise on any areas of concern.
2. ADDITIONAL SERVICES
2.1 General
2.1.1 Provide employer’s agent services. (Append RICS Employer’s Agent Schedule of Services)
2.1.2 Provide planning supervisor services (Append RICS Planning Supervisor Schedule of Services)
2.1.3 Provide quantity surveyor services (Append RICS Quantity Surveyor Schedule of Services)
2.1.4 Provide project manager services (Append RICS Project Manager Schedule of Services)
2.1.5 Provide services in respect of the Client’s/Third Party’s organisational move to new premises.
2.1.6 Provide services in respect of the Client’s/Third Party’s fitting out or direct works contracts.
2.1.7 Facilitate, set up and manage value engineering exercises.
2.1.8 Facilitate, set-up and manage Target Cost and/or Guaranteed Maximum Price contracts.
2.1.9 Facilitate, set up and manage Partnering and/or Collaborative Working contracts
2.1.10 Facilitate, set up and manage ’Lessons Learnt’ or other workshops.
2.1.11 Act as the Client’s partnering advisor
2.2 Financial
2.2.1 Advise on the implications of developing different sites.
2.2.2 Advise on the preparation of development appraisals.
2.2.3 Advise on the implications of alternative development programmes.
2.2.4 Advise on Project sustainability.
2.2.5 Obtain life cycle cost studies and estimates of annual running costs.
2.2.6 Carry out off-site inspections of sub-contractors’ and suppliers premises.
2.3 Contractual
2.3.1 Advise on specialist contractual matters.
2.3.2 Advise on the Contractor’s entitlement to extensions of time. Analyse and report on the
Contractor’s application(s) for extensions of time. Prepare recommendations for the Client’s
approval. Negotiate a settlement with the Contractor.
2.3.3 Advise on the cost and contractual consequences arising from an acceleration instruction.
2.3.4 Advise on the Contractor’s entitlement to direct Loss and Expense. Analyse and report on the
Contractor’s loss and expense claim(s). Prepare recommendations for the Client’s approval.
Negotiate a settlement with the Contractor.
2.3.5 Prepare documentation and or provide advice to support adjudication proceedings. Attend
adjudication proceedings.
2.3.6 Prepare documentation and or provide advice to support mediation proceedings. Attend
mediation proceedings.
2.3.7 Prepare documentation and or provide advice to support arbitration proceedings and/or
litigation. Attend arbitration and/or litigation proceedings.
2.3.8 Act as Expert Witness.
The Initial Audit Report should focus on identifying and clarifying the
client’s risk profile.
Status Report
Status
DEVELOPMENT /CONSTRUCTION BUDGET
Development Appraisal
Development/Construction Cash Flow
Construction Cost Plan
Tender report
Schedule of costs incurred to date / back up information
Contract sum analysis
PROGRAMME
Design Programme
Procurement programme
Construction programme
Handover programme
DRAWINGS AND SPECIFICATIONS
Contract drawings
Contract Specifications
Area schedule
STATUTORY AND OTHER CONSENTS
Planning consent
Listed Building and Conservation Consents
Tree Preservation Orders
Section 106/278 or other similar agreements
Building Regulation/ Control application
Party Wall Awards
Oversailing rights
Rights to lights agreements
Archaeological Investigations
Statutory undertaker agreements
Health & safety notices
Other third party agreements – easements, covenants and rights of way, etc.
SURVEYS AND SITE INVESTIGATIONS
Asbestos Survey
Access Statements
Geotechnical site investigation
Structural / condition survey
M&E survey
Environmental survey / Nature survey
Acoustic survey
Environmental Impact Analysis and Sustainability Assessment
Traffic Impact Study
Acoustic survey
PROCUREMENT
Outline description of procurement strategy
Report Checklist
It is recommended that the Initial Audit Report include the following:
1.0 INTRODUCTION
+ name of the Client any other project stakeholders;
+ schedule of duties;
+ brief project description;
+ summary of the client’s interest in the development and resulting risk
profile;
+ construction/development costs summary;
+ schedule of areas;
+ key programme dates;
+ list of parties involved.
2.0 EXECUTIVE SUMMARY
+ loan facility;
+ procurement route;
+ planning consent status;
+ experience of the Developer;
+ experience of Contractor;
+ construction cost and benchmark statement;
+ development budget, adequacy of budget, interest, professional fees, etc.;
+ statement on cash flow;
11.0 INSURANCES
+ statement on Contractors insurance levels;
1 January 2006
Mr S Smith
Bank
15 Tigger Street
London
EC1M 3BB
Dear Stan
John Ltd – (Swindon)
Drawdown No. 3
We are in receipt of John Ltd’s request for Drawdown No.3 dated 29th
December 2005, together with supporting invoices and information. A
summary of the request is provided below:
£(Net) £(Gross)
Total Expenditure £ 1,000,000.00 £ 1,175,000.00
Tenant Contribution - £ 250,000.00 - £ 293,750.00
VAT Receipts - -
Drawdown Request No.3 £ 750,000.00 £ 881,250.00
*(We have reviewed the information supporting the request and are both
satisfied with its content and accuracy. Accordingly, we confirm that in our
view and based on the information provided [list if appropriate] drawdown
No. 3 in the sum of £881,250.00 is appropriate.)
*(We have reviewed the information supporting the request and are not
satisfied with its content and accuracy. A schedule of our areas of concern is
attached. Accordingly, we are happy to recommend the sum of £[insert lesser
sum] (including VAT) be drawn down against the Loan Agreement).
*delete as appropriate
A schedule of expenditure to 29th December 2005 is attached detailing all
recorded costs to date on the project.
A full report detailing the progress of the works will follow in due course.
However, if you require any further information in the meantime, please do
not hesitate to contact A. Monitor.
Yours sincerely
A MONITOR
Director
Monitors
Enc: Schedule of Expenditure to Date-29th December 2005
Note: Monitor LLP have inputted into the table above the information
provided by John Ltd for the development drawdown No. 3. The table
illustrates the schedule of expenditure required to complete the project.
I S B N 978-1-84219-320-4
9 781842 193204
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