$800m for Route 91 Harvest victims
Survivors of the 2017 Route 91 Harvest massacre and their families will receive a collective pay-out of US$800 million, a US court has confirmed.
Hotel operator MGM Resorts International, whose Las Vegas Mandalay Bay hotel was the site of the shooting, agreed a settlement with victims last October, with the amount of compensation estimated at $735–800m depending on the amount of the claimants.
In her court order, Clark County, Nevada, judge Linda Bell said there was “near-unanimous participation in the settlement among potential claimants”, with a total of 4,400 claimants, according to the Associated Press, nudging the settlement towards the maximum $800m figure.
“We are grateful that the decision brings families, victims and the community closer to closure”
MGM acknowledges no liability for the attack, and will pay $49m of the settlement, compared to $751m from its insurance companies, reports AP.
Fifty-eight people were killed and a further 422 injured when gunman Stephen Paddock opened fire on Route 91 Harvest, a Live Nation-promoted open-air country music festival, from 32nd floor of the MGM Mandalay Bay on 1 October 2017.
The attack – the deadliest mass shooting in US history – also caused a mass panic that left another 800 festivalgoers injured.
“We are grateful that the decision brings families, victims and the community closer to closure,” says MGM in a statement.
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MGM to pay $735m to Route 91 shooting victims
Hotel operator MGM Resorts International has reached a settlement of between US$735 million and $800m with the victims and survivors of the 2017 shooting at Route 91 Harvest festival (22,000-cap.) in Las Vegas.
According to Las Vegas law firm Eglet Adams, the final amount of the settlement is dependent on how many claimants come forward.
MGM subsidiary Mandalay Corps owns the Mandalay Bay hotel, from where gunman Stephen Paddock killed 58 and wounded a further 422 people attending the open-air country music festival in October 2017. A further 800 festivalgoers were injured in the panic following the shooting.
Hundreds of law suits have since been filed against the hotel giant, which also owns the venue at which the festival was taking place.
“Today’s agreement marks a milestone in the recovery process for the victims of the horrifying events of 1 October,” says attorney Robert Eglet, whose firm represents almost 2,500 victims of the massacre.
“While nothing will be able to bring back the lives lost or undo the horrors so many suffered on that day, this settlement will provide fair compensation for thousands of victims and their families.”
“While nothing will be able to bring back the lives lost or undo the horrors so many suffered on that day, this settlement will provide fair compensation for thousands of victims and their families”
“We hope this resolution will provide some sense of closure to our clients,” adds fellow attorney Mo Aziz, a partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Azi, which represents more than 1,300 victims and survivors. “In this era of mass shootings, this settlement sends a strong message to the hospitality industry that all steps necessary to prevent mass shootings must be taken.”
MGM Resorts chairman and CEO Jim Murren, who says the deals represents “good corporate citizenship” on his company’s behalf, says, “our goal has always been to resolve these matters so our community and the victims and their families can move forward in the healing process.
“This agreement with the plaintiffs’ counsel is a major step, and one that we hoped for a long time would be possible.”
MGM Resorts had previously filed its own litigation against the victims in a bid to avoid liability. This settlement does not act as an admission of liability.
An IQ timeline of terror attacks at live music events and festivals predating the Las Vegas massacre is available here.
Anti-terrorism efforts at live events will form one focus of discussions at the Event Safety and Security Summit (E3S) on 8 October.
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MGM sues festivalgoers to dodge Route 91 liability
MGM Resorts International, the company which owns the Route 91 Harvest festival site, has reportedly sued more than 1,000 victims of last October’s mass shooting in a bid to avoid liability for the attack.
According to the Las Vegas Review-Journal, MGM – which also owns the Mandalay Bay hotel from where Stephen Paddock opened fire on festivalgoers – is citing a 2002 act that exempts from liability any “anti-terrorism” technology or services that can “help prevent and respond to mass violence.” In the case of Route 91 Harvest, the company’s lawyers say, that protection extends to MGM, as it had hired a security company for the festival, Contemporary Services, which had previously been certified by the US department of homeland security for “protecting against and responding to acts of mass injury and destruction”.
The federal lawsuits seek no money from victims, but rather a judgment on whether the 2002 law is applicable – and if so, prevent civil lawsuits against the hotel chain over the shooting, which left 59, including the shooter, dead.
“Years of drawn-out litigation and hearings are not in the best interest of victims, the community and those still healing”
MGM, along with Paddock’s estate and festival promoter Live Nation, have been the target of several civil lawsuits since the shooting, with some of the most recent, filed in California in November, accusing MGM Resorts and its subsidiary, Mandalay Corp, of failing to properly monitor Paddock’s activities, train staff members and employ adequate security measures.
A statement from MGM Resorts confirms the litigation, arguing that all suits should be settled in US federal courts, rather than in Nevada. “Years of drawn-out litigation and hearings are not in the best interest of victims, the community and those still healing,” it reads.
Las Vegas lawyer Robert Eglet, who is representing several of the victims, tells the Review-Journal that the decision to file the complaints in a US federal court as a “blatant display of judge shopping” that “quite frankly verges on unethical”. “I’ve never seen a more outrageous thing, where they sue the victims in an effort to find a judge they like,” he says. “It’s just really sad that they would stoop to this level.”
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Route 91 Harvest festivalgoers sue for refunds
Two Route 91 Harvest 2017 ticket-buyers have filed a class-action lawsuit to secure ticket refunds for all 22,000 people who attended the three-day Las Vegas festival, which was rocked by a mass shooting that left 59 people dead.
Several festivalgoers have already received refunds after asking for them, according to Texas lawyer Craig Eigland, who says the suit – filed in southern California by a team that also includes the couple’s solicitor, Mark Robinson – aims to recoup the ticket money of everyone who attended from promoter Live Nation.
“As we were interviewing several hundred of our clients, we realised some had received refunds and some had not,” he tells Fox News. “It didn’t matter if they were family members of deceased, gunshot victims or traumatised because of the shooting and their escape.
“We decided to make one demand on behalf of everyone”
“The only factor was that those that heard about a refund through Facebook or friends, and demanded a refund, got it. So we decided to make one demand on behalf of everyone.”
The shooting, the deadliest in US history, was followed by a plethora of lawsuits, including two against Slide Fire Solutions – the manufacturer of the ‘bump stock’ device that allowed shooter Stephen Paddock to achieve simulated automatic fire from semi-auto weapons – and several targeting Live Nation and MGM Resorts for alleged negligence.
Live Nation does not comment on pending litigation.
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Vegas Strong benefit raises $700,000+
The 1 December Vegas Strong benefit concert raised more than US$700,000 for the victims of the Route 91 Harvest shooting, organisers have announced.
The show, which featured appearances by the Killers, Imagine Dragons, Boyz II Men, Jay Leno, Carrot Top and Vegas regulars David Copperfield, Cirque du Soleil and Blue Man Group, took place exactly two months after the mass shooting at the Las Vegas country music festival, the deadliest in US history.
All proceeds from Vegas Strong, which took place at Vegas’s T-Mobile Arena, will be donated to the Las Vegas Victims’ Fund set up after the attack.
“We are grateful for the outpouring of love from these icons of Las Vegas entertainment,” says Clark County commissioner Steve Sisolak, one of the people behind the fund, “who once again proved that our community stands as one to support the victims of this senseless tragedy.”
The similar We are Manchester concert in the UK, in aid of victims of May’s Manchester Arena bombing, raised £270,000 (US$366,000).
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Route 91 Harvest litigation mounts up with new CA suits
Promoter Live Nation and hotel operator MGM Resorts have been slapped with another five lawsuits by the victims of the Route 91 Harvest mass shooting.
The five new suits, which also target the estate of shooter Stephen Paddock, have been filed in Los Angeles superior court, and follow the previously reported complaints lodged with courts in Nevada.
The largest of the lawsuits, reports news agency Reuters, was filed on behalf of 450 people who were either injured in or witnessed the shooting at the Las Vegas country music festival, which also left 59 people, including Paddock, dead. The other four, meanwhile, were brought by families of people who were killed or severely injured.
Similar to the Nevada suits – one of which, by shooting victim Paige Gasper, has now been withdrawn in favour of the lawsuit filed in California, where Live Nation is headquartered – the victims accuse MGM Resorts and its subsidiary, Mandalay Corp, which owns the hotel, of failing to properly monitor Paddock’s activities, train staff members and employ adequate security measures.
The five new suits, which also target the estate of shooter Stephen Paddock, have been filed in Los Angeles superior court
Live Nation is accused of negligence for “failing to provide adequate exits and properly train staff for an emergency”.
A court hearing on who will be appointed to administer Paddock’s estate is scheduled for 7 December.
Interestingly, while two of the Nevada lawsuits targeted Slide Fire Solutions, which manufactured the ‘bump stock’ device that allowed Paddock to achieve simulated automatic fire from semi-auto weapons, Slide Fire is not named in California, as lawyer Muhammad Aziz says most of his clients support the right to bear arms. “We want to focus on hotel and venue security, not turn this into a gun rights case,” he comments.
Live Nation does not comment on pending litigation.
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LN on course for another record year after ‘best Q3 ever’
Live Nation CEO Michael Rapino has praised the ‘resilience’ of the concert business to attacks such as those in Manchester and Las Vegas, as the live music giant posted its best third-quarter results to date.
Speaking to investors yesterday, Rapino said Live Nation has seen “increased ticket sales since September” and “no effect at all on the business” from the shooting at its Route 91 Harvest festival, saying a combination of the “diversity” of Live Nation’s “global business” – and the industry’s collective response to terrorism, with all major players “doing a better job over the last five years of upgrading its on-site [security]” – means the company is still on course for its best year to date.
In Q3, Live Nation’s year-on-year revenue was up 12% to US$3.6bn, with operating income up 5% (to $201m) and adjusted operating income (AOI) up 10% (to $335m); in the nine months ending 30 September, meanwhile, revenue grew 19%, operating income 26% and AOI 16%. All three Live Nation Entertainment divisions – concerts, advertising and ticketing – delivered their strongest quarterly AOI results ever, Rapino said.
Live Nation’s 20,000+ concerts were attended by 65m people – a 16% rise – with revenue climbing 11% to $2.9bn, while revenue from sponsorship/advertising grew 16% to $158m, and ticketing 17% to $532m. Underlying Ticketmaster’s growth, said Rapino, is its “product innovation”, including the roll-out of its Verified Fan platform and moving to solely digital ticketing with the National Football League (NFL).
“We are confident that our strong performance will deliver another year of record top line”
Verified Fan has reportedly reduced the number of tickets finding their way to the secondary market by 90%, with Rapino predicting that, by the end of the year, “we will deliver three million tickets to Verified Fans, saving them $100m relative to buying on secondary sites after bots got the tickets first.” (Live Nation no longer provides separate financial results for its primary and secondary ticketing platforms.)
Live Nation COO Joe Berchtold also touched briefly on the ongoing Songkick lawsuit, telling investor Brandon Ross of BTIG – who asked if the company’s legal fees (included in a loss of $41.3m associated with “other [costs] and eliminations”) would be “something that’s ongoing” – he expects, “hopefully, to get that resolved and move on, but in the near term, there is a bit of costs associated with that.”
Commenting on the results, Rapino says: “As we approach the end of 2017, we are confident that our strong performance will deliver another year of record top line, operating income and AOI. All of our businesses – concerts, advertising and ticketing – have delivered growth for the nine months, and based on their key operating metrics, we currently expect each to deliver record revenue, operating income and AOI for the full year.
“As we look forward, we see tremendous opportunities to continue global consolidation of our concerts and ticketing businesses, and for further growth in advertising and ticketing from the concerts flywheel.”
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Route 91 suits take aim at MGM, LN, bump-stock mfr
Those affected by last week’s mass shooting at the Route 91 Harvest festival in Las Vegas have begun seeking legal redress, with at least three separate lawsuits so far filed in US courts.
The most prominent individual suit – filed on behalf of Paige Gaisper, a 21-year-old Californian student who was shot in the underarm during the attack, which left more than 59 dead – names Live Nation, the promoter of the event; MGM Resorts, which owns the Mandalay Bay resort from where the shooter fired on concertgoers; and Slide Fire Solutions, which manufactured the ‘bump stock’ device that allowed him to achieve simulated automatic fire from semi-auto weapons.
According to the Los Angeles Times, Gasper’s complaint accuses MGM Resorts of “breach[ing] their duty of reasonable care” by failing to stop the gunman, Stephen Paddock, from bringing a cache of weapons into the hotel. She also alleges the company’s employees failed to respond quickly enough to the threat posed by Paddock, something MGM denies.
Live Nation, meanwhile, allegedly failed to “design, build and mark adequate exits in case of emergency” and “properly train and supervise employees in an appropriate plan of action in case of an emergency”.
Paige Gaisper, who was shot in the underarm, is suing MGM Resorts, Live Nation and bump-stock manufacturer Slide Fire
A second lawsuit – filed, like Gasper’s, in Clark County district court in Nevada – on behalf of all festivalgoers by gun-control group Brady Center to Prevent Gun Violence also takes aim at Slide Fire.
A third complaint, brought by the family of John Phippen, who died in the attack, petitions a judge to appoint a special administrator to take over Paddock’s estate.
Several enterprising law firms, meanwhile – as was the case after Fyre Festival – have begun actively soliciting new lawsuits by taking out sponsored ads on Google, with one, California’s Oaks Law Firm, registering the domain vegaslawsuit.com:
YouTube agreed earlier this week to remove videos showing how to attack bump stocks, which work by using recoil to simulate fully automatic fire, to guns. “We have long had a policy against harmful and dangerous content,” said a spokesperson in a statement. “In the wake of the recent tragedy in Las Vegas, we have taken a closer look at videos that demonstrate how to convert firearms to make them fire more quickly and we’ve expanded our existing policy to prohibit these videos.”
Several artists, including Jennifer Lopez and Jason Aldean, cancelled planned shows in Vegas in the aftermath of the attack. Others, such as Celine Dion, Billy Idol and John Fogerty, opted instead to play as normal, with Fogerty saying live music has a “way of healing, and that is what we will do: come together and heal. We can’t let fear control our lives.”
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A week on, music returns to the City of Lights
One week on from the murder of 58 patrons of country music festival Route 91 Harvest, Las Vegas is returning to normality, with a string of emotionally charged performances by major artists helping the city to recover from the worst mass shooting in US history.
As expected, there were several cancellations in the wake of the attack – which saw gunman Stephen Paddock open fire on the open-air festival from the 32nd floor of the nearby Mandalay Bay hotel, killing 59 people, including himself, in the early hours of Monday morning – with Jennifer Lopez, Blue Man Group and Jason Aldean, who was performing at the time of the shooting, among those to call off scheduled shows.
However, Celine Dion, who is midway through an eight-year residency at the Colosseum at Caesars Palace (4,298-cap.), bucked the trend, returning to the stage on Tuesday night. Standing in front a screen reading “#VegasStrong”, the Canadian singer told the audience she had toyed with the idea of cancellation but ultimately decided to donate the proceeds of the concert to victims.
“On Sunday we lost too many beautiful, innocent souls, and so many are still suffering,” she said. “But tonight we’re going to let these families know that we are supporting them and that we will help them through their tragic loss.”
She continued: “We dedicate tonight’s show to all of the victims and their families, and to the first responders, and to the doctors and nurses who are working around the clock to save lives and to so many heroes who did whatever they could to help complete strangers in a time of desperate need.”
“Las Vegas returned almost immediately to its high-glitz version of normal … The shows go on”
Other performers opting to go ahead with planned shows included Billy Idol, who played the first night of his residency at House of Blues (1,800-cap.) on Wednesday, John Fogerty, who played the Encore Theatre (1,490-cap.) the same night, and Pete Yorn, who performed at the Beauty Bar (300-cap.) last Friday, additionally paying tribute to the late Tom Petty by opening with ‘I Won’t Back Down’.
Echoing the sentiments expressed after the Bataclan and Manchester Arena attacks, all emphasised the need for life to go on as normal and for live music to not be cowed be terrorism. “They can’t break me,” said Idol, “and they can’t break Las Vegas”, while Fogerty spoke of music having a “way of healing, and that is what we will do: come together and heal. We can’t let fear control our lives.”
Britney Spears, meanwhile, has confirmed she will continue her residency at the Axis at Planet Hollywood (7,000-cap.), saying she and the city will “get through this together”; Aldean, too, has returned to the site of the attack, meeting hospitalised survivors of the shooting after dedicating his performance Saturday Night Live the previous day to the city.
Figures from across the live music industry last week responded to the attack, with Route 91 Harvest promoter Live Nation, Canadian association Music Canada Live and Outside Lands organiser Superfly among those to have paid tribute to the victims.
Revellers appear to have responded to performers’ faith in the city: According to local paper the Santa Fe New Mexican, Vegas has “returned almost immediately to its high-glitz version of normal after Sunday’s massacre of 58 people, the deadliest mass shooting in modern American history. The shows go on. The roulette wheels spin, the dice fly and people carrying Coronas wander the strip alongside bubbly showgirls and a guy dressed as Chewbacca.”
But if the thrill-seekers of Las Vegas have already put Monday’s tragedy behind them, the nature of the attack – on an open-air festival, as opposed to the enclosed space of a venue or arena – is weighing more heavily on the minds of US festivalgoers. Raelene Wentz, who attended last weekend’s Desert Oasis festival in Indio, California, says had she not already bought tickets, she might have reconsidered attending – “We’re here and we already have the tickets,” she tells the Desert Sun. “[But] we’re definitely aware of where all the exits are” – while another, Rachel Livingstone, describes having “apprehension” about attending the event.
At Austin City Limits in Texas, meanwhile, “many fans and musicians acknowledged that the potential of a Las Vegas-style copycat had crossed their minds”, reports the The New York Times – although, at both festivals, the consensus seemed to be that to live in terror is to hand victory to terrorists. “I’m kind of the opinion things like that shouldn’t change your life,” says City Limits-goer Tyler Costolo. “At that point, you’re letting those kinds of things win.”
By number of concerts, Las Vegas is the sixth-biggest city in the US for live music, and the eighth in the world.
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“We are heartbroken”: Industry reacts to Route 91 tragedy
Live Nation, the promoter behind Route 91 Harvest festival in Las Vegas, has issued a heartfelt statement in response to Sunday night’s massacre, saying the events are “beyond our comprehension” and promising to do “everything in our power” to support the victims and their families.
More than 59 people are now known to have lost their lives after a gunman, Stephen Paddock, opened fire on the open-air country music festival from the 32nd floor of the nearby Mandalay Bay hotel. His motive is not yet known; jihadist group Islamic State has claimed responsibility for the shooting, saying Paddock converted to Islam earlier this year. US authorities, however, say there is no evidence Paddock was a Muslim, and described him as a “lone wolf” shooter.
“We are heartbroken over the tragedy that took place at the Route 91 Harvest festival. To think that anyone would want to inflict harm on a gathering of music lovers is beyond our comprehension,” reads the statement from Live Nation, which has organised the event since since 2014.
“To think that anyone would want to inflict harm on a gathering of music lovers is beyond our comprehension”
“And while we are stunned and grieving over this incomprehensible act of violence, we know that this is a moment when we must come together to prevent more tragedies like this from occurring.
“Live Nation will do everything in our power to support the victims and their families through the aftermath of this horrendous event, and extend our deepest gratitude to the heroic first responders who helped save as many lives as possible. To our Live Nation on-site employees, we cannot thank you enough for your bravery and perseverance over the past 24 hours and will ensure you have the resources and support necessary to heal from this.”
Live Nation president and CEO Michael Rapino also tweeted that the company’s “hearts are with the victims” of the attack.
Our hearts are with the victims in Las Vegas, their families and loved ones who are grieving this morning and to our @LiveNation employees
— Michael Rapino (@Michael_Rapino) October 2, 2017
In a joint statement, Megan Barry, mayor of country mecca Nashville, Sarah Trahern, the CEO of the Country Music Association (CMA), and Butch Spyridon, president and CEO of Nashville Music City/Nashville Convention and Visitors Corp, offered their “heartfelt thoughts and prayers” to everyone affected by the attack, and announced a candlelit vigil for the victims. The vigil, held last night, was attended by country stars Keith Urban, Vince Gill, Amy Grant and Alison Krauss, who also performed.
“Our heartfelt thoughts and prayers are with everyone involved in the tragic event in Las Vegas, especially the victims, their families and friends and the fans, artists and crews from our country community in Vegas,” they say. “This festival brought together people from all backgrounds united in enjoying life through music.”
Footage of the vigil can be viewed below:
https://www.youtube.com/watch?v=mFZiH4aEPJc
Community Foundation Middle Tennessee, a charity based in Nashville, has also announced a fund for Las Vegas to “help with the immediate and long-term needs of victims” of the shooting. Announcing the Music City Cares Fund, foundation president Ellen Lehman comments: “Country music is the heart of Music City [Nashville]. We are reaching out to country music fans who fell victim to this evil. They must know we care and care deeply. Our prayers are with them.”
Neil Portnow, president/CEO of Grammys organiser the Recording Academy, says the academy plans to provide counselling and support to those affected by the Route 91 Harvest attack.
“The Recording Academy is deeply saddened by the unthinkable tragedy that occurred last night in Las Vegas,” he says. “As members of the music community, we will come together as we always do in defiance of this senseless act, and provide love and support to those affected.
“The Recording Academy’s charity, MusiCares, will be working closely with the music industry to provide trauma counselling and support to those in need. Our thoughts and prayers are with the victims and their families during this harrowing time.”
“As members of the music community, we will come together as we always do”
Music Canada Live, a concert industry association north of the border, similarly offered its sympathy to those caught up in the shooting.
“Music Canada Live, the voice of Canada’s live music industry, expresses our heartfelt sympathies to the victims and injured in last night’s tragedy in Las Vegas,” say chairman Jesse Kumagai and executive director Erin Benjamin in a joint statement. “The power of live music, and the artists that make it, will without question be a guiding light as we seek to heal from this unthinkable act.
“Our thoughts are with the families, festival organisers, fans and artists.”
Bonnaroo/Outside Lands co-promoter Superfly, which is launching a new festival, Lost Lake, in Arizona later this month, says its “hearts go out to those impacted by the tragedy in Las Vegas” – and that it’s doing all it can to protect patrons.
“At all of our events, and Lost Lake Festival taking place later this month, the safety of our patrons, staff, volunteers and artists is our highest priority,” reads a statement. “We will continue to work closely with Phoenix law enforcement officials to assess our safety and security protocols to ensure we host the safest event possible.”
“The power of live music, and the artists that make it, will be a guiding light as we seek to heal from this unthinkable act”
Caleb Keeter, guitarist for Route 91 Harvest performers Josh Abbott Band, meanwhile, says the attack has changed his views on gun control in the US.
Writing on Twitter, Keeter says he had been “a proponent of the second amendment [to the US constitution, which enshrines the right of Americans to bear arms] my entire life. Until last night.
“I cannot express how wrong I was.”
Keeter describes how he wrote a living will and a note saying goodbye to his parents as he “felt like I wasn’t going to live through the night”. That, he continues, “was enough for me to realise that this is completely and totally out of hand. These rounds were powerful enough that my crew guys just standing in close proximity [to] a victim shot by this fucking coward received shrapnel wounds.
“We need gun control RIGHT. NOW.”
“We will not let hate win over love. We will not be defeated by senseless violence”
As for the festival itself, a statement from local organisers says that while they will never forget the attack, the best way to honour victims is to persevere in the face of violence.
“On behalf of the entire Route 91 Harvest family, we are completely devastated by the event that occurred Sunday night,” it reads. “Our deepest sympathies go out to the injured and the deceased and their loved ones; senseless violence has claimed the souls of our fans and we have little in the way of answers.
“Our eternal gratitude goes out to the LVPD [Las Vegas police department], emergency services, security guards and fans for their selfless acts of bravery while trying to help those in need.
“While we will try and move forward, we will never forget this day. We will NOT let hate win over LOVE. We will NOT be defeated by senseless violence. We WILL persevere, and honour the souls that were lost.
“Because it matters.”
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