SPL Terms N Conditions For Phase III 270716

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TELANGANA STATE INDUSTRIAL

INFRASTRUCTURE CORPORATION LIMITED


(An Undertaking of Government of Telangana State)

SALE OF GOVERNMENT LAND PARCELS

Through

e-TENDER cum e-AUCTION

TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED


5-9-58/B, Parisrama Bhavanam, 6th Floor, Basheerbagh, Hyderabad
Telangana, India. - 500 004
Tel: +91-40-23233128
Website: www.tsiic.telangana.gov.in

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SPECIAL TERMS & CONDITIONS

OF

COMPETITIVE BIDDING THROUGH e-TENDER CUM e-AUCTION FOR THE


SALE OF GOVERNMENT LAND PARCELS

(1) Telangana State Industrial Infrastructure Corporation Limited (TSIIC) a


Government of Telangana Undertaking on behalf of the Government of
Telangana issued this bid to sell Land Parcels as shown in the Annexure-I in
pursuance of G.O.Ms.No.191 Revenue (Assn.I) Department, date 7.10.2015.
The bids are invited on the basis of competitive bidding, e-tender cum e-auction
through MSTC Limited (A Govt. of India Enterprise) India, through website
(www.mstcecommerce.com).

(2) The word SELLER/ PRINCIPAL/ TSIIC wherever appearing means the
Telangana State Industrial Infrastructure Corporation Limited or its authorized
representative.

(3) The word MSTC wherever appearing means the MSTC Limited, Hyderabad, India
hereinafter referred to as SELLING AGENT OF SELLER.

(4) The word e-Auction wherever appearing means e-Tender cum e-Auction.

(5) The Word BIDDER wherever appearing means, firm or Company or any person/
Individual duly registered with MSTC for the purpose which is interested in
participating and purchasing the land parcels put up for sale in this e-auction.

(6) The Word Successful Bidder /PURCHASER/BUYER wherever appearing means, firm or
Company or any person/individual duly registered with MSTC for the purpose, whose
rate has been approved/confirmed by the SELLER and the confirmation order has
been issued in his/her favour.

The word LOT / LOTS / E-AUCTION LOT wherever appearing means, land Parcel

(7) The Sale will be governed by

(i) A ll the t e r m s a n d c o n d i t i o n s o f t h e t e n d e r d o c u m e n t .
( i i ) Further, the Sale will be governed by the Special Terms & Conditions (STC) and
Annexures displayed on the “Live” e-Auction Floor (and not under Forthcoming
Auctions) as well as the General Terms & Conditions (GTC) and Buyer Specific Terms
& Conditions (BSTC) already accepted by the Bidder at the time of e-Tender cum

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e-Auction Registration with MSTC. The STC displayed under View Forthcoming
Auctions on MSTC's e-Auction Website are tentative and subject to change at
MSTC's/ TSIIC sole discretion at least one day before the start of e-Auction. Bidders
should therefore download the STC displayed only under View Live Auctions for their
record purpose if required. The BSTC and GTC can be seen and downloaded by
going to the Home Page of the e-Auction Website and clicking on NEW USER.
Participation in the e-Auction will be deemed to imply that the Bidder has made
himself thoroughly aware of and accepted the conditions of STC, BSTC and GTC. In
case of any conflict between the STC, GTC and BSTC, the STC shall prevail.

(iii) MSTC/ TSIIC shall have the right to issue addendum to the STC, GTC and
BSTC to clarify, amend, modify, supplement or delete any of the conditions, clauses
or items stated therein and the Addendum so issued shall form a part of the original
STC, GTC and BSTC as the case may be.

(8) E-Auction opening time, closing time and other dates & times mentioned in the
e-auction catalogue shall be the Indian Standard Time (IST) only.

Cost of Tender Document:


(i) Bidders are required To pay non- refundable Tender Document Fee of
Rs.2 0 , 0 0 0 /- (Rupees Twenty Thousand s only) . Document Fee may be remitted
through RTGS/ NEFT/ SWIFT as follows:

The Bidder(s) who intend to participate in e-tender cum e-auction should remit
through MSTC’s e- Payment Gateway by logging with their user id & password on
www.mstcecommerce.com as detailed below:-

SELECT E-PAYMENT FROM THE LIST APPEARING ON LOGGIN -> CHOOSE PAYMENT
TYPE OPTION AS “OTHERS” FROM THE DROP DOWN MENU -> CHOOSE SELECT
REGION OPTION AS ‘HYD’ FROM THE DROP DOWN MENU -> CHOOSE CORRECT E-
AUCTION NUMBER FROM THE DROP DOWN MENU -> AND SELECT ANY ONE
OPTIONS FROM “NETBANKING” OR “RTGS/NEFT”.

NOTE: BANK TRANSFER CHARGES EITHER WAY WOULD BE ON BIDDER’S A/C ONLY.

The Bidder(s) who remitted Tender Document Fee through


RTGS/NEFT/SWIFT should communicate MSTC Limited, Hyderabad in writing through
Mail/Fax along with UTR Number, failing which they will not be allowed to
participate in the e-auction. In any case, the Tender Document Fee received either

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through DD/ PO or RTGS/NEFT transfers after the due date as above will not be
accepted and Bidders will not be activated for participating in e-auction. It is to be
noted that no payment by any third party on behalf of the successful bidder/bidders
shall be accepted.

(ii) Prospective Bidder(s) may download the Tender document from the TSIIC
website: http://www.tsiic.telangana.gov.in/ or MSTC website:
www.mstcecommerce.com. In such case, the above mentioned fee should be made
as part of the Eligibility submissions along with E.M.D. The Tender Document Fee
shall be Non Refundable.

(9) The Buyers/Bidders who are interested to purchase the land parcels through e-auction
should get themselves registered with MSTC as buyer for e-auctions before
commencement of e-auctions. To register, a buyer needs to fill an online form in the
web site www.mstcecommerce.com. After filling the online form an automated e-mail
shall be send to the e-mail provided by the buyer requesting to submit certain
documents like:

1. Individual

(i) Aadhar Card or Any other ID & Proofs issued by the Government
Authority.
(ii) PAN Card.
(iii) Photocopy of the latest Income tax returns.
(iv) Cancelled cheque from their Bank account(s) to be submitted.

2. Company/Firm
a) PAN Card
b) Photocopy of the latest Income tax returns
c) VAT/ CST Registration Certificate
d) Cancelled cheque from their Bank account(s) to be submitted.
e) Partnership Deed and Registration Certificate of the Partnership Firm
f) Certificate of Registration or Certificate of Incorporation of the
Company

User Id and password is generated by the buyer himself during online registration.

CLICK HERE FOR REGISTRATION PROCEDURE – BUYERS/ BIDDERS

10) Amendment of Tender Document:


(i) At any time prior to the e-auction due date, TSIIC may, for any reason,

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whether at its own initiative or in response to clarifications requested by a Bidder,
modify the Tender Document by the issuance of Addenda/Corrigenda.

(ii) Any Addendum/Corrigendum issued hereunder shall be posted in the website


of MSTC at www.mstcecommerce.com and TSIIC at www.tsiic.telangana.gov.in

(iii) In order to afford the Bidder(s) a reasonable time for taking an


Addendum/Corrigendum into account, or for any other reason, TSIIC may, in its
sole discretion, extend the e-auction due date, if required.

(iv) TSIIC also reserves the right to modify or alter the Tender Document and also
to withdraw or cancel the Bidding Process at any stage.

11) The e-auction accepting authority, the Vice Chairman & Managing Director, TSIIC
reserves the right either to accept or reject any or all e-auctions without assigning
any reason. In this regard the decision of Vice Chairman & Managing Director,
TSIIC shall be final and binding on the bidder without any recourse. Further, it is
understood by both the parties to the e-auction and is specifically accepted by
the bidder when the bidder files the e- auction before TSIIC, the acceptance or
rejection of the e-auction by TSIIC, or methodology adopted by TSIIC, in short
listing the companies for the sale of Land parcels on e-auction platform shall not
become a cause of action or ground to initiate any legal action before any Court
or Courts of Law for obtaining any order, Injunction, Direction etc., from the
Hon’ble court or courts to stall the proceedings. In the event of any dispute
arising out of the e-auction such dispute would be subject to the jurisdiction of the
civil courts within local limits of Hyderabad, Telangana State.

12) CONTACT PERSONS:

12.1 TSIIC, HO, Hyderabad

a) Sri P. Ram Babu, Deputy Collector, TSIIC, HO, Hyderabad, Contact No. 040-23237625
Mobile No. +91 9640578630 , Email ID:- [email protected].
b) Sri G. Shiva Kumar, Tahsildar, TSIIC Limited, HO, Hyderabad
Contact No. 040-23237625 Mobile No. +91 8498949007
Email: [email protected]
Address:- TSIIC Limited, 6th Floor, Parisrama Bhavan, Fateh Maidan Road, Basheerbagh

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Hyderabad – 500 004, Telangana, India
Ph: +91-40-23237625, 23237626, Fax: +91-40-23240205, 23241385

12.2 MSTC LIMTED, HYDERABAD:


a) Shri.A. Rajamanickam, Dy. General Manager, Contact : 040 – 23301049, M–
9666040607, e-mail : [email protected]
b) Sri. Jamil Akhtar, Dy.Manager, Contact no. 040-23301039, M - 9391057727
e-mail id: [email protected].

Address: MSTC Limited, (A Government of India Enterprises) Door. No. 6-3-635 & 637,
2nd Floor, No. 201, Akash Ganga Complex, Khairthabad, HYDERARAD - 500 004
Fax No. 040-23301049

13) E.M.D: (i) The Bidders shall remit E.M.D through MSTC ePayment gateway for an
amount as shown in the Annexure 1 as against the land parcel through RTGS/
NEFT. T h e TSIIC/ MSTC shall not be liable to pay any interest on the E.M.D
deposit so made and the same shall be interest free. No payment by Third Party
on behalf of the Bidder shall be accepted. Any person who desires to participate in
e - auction shall pay EMD as shown in the Annexure 1. For example, if a bidder
chooses to participate for bidding of more than one Plot, then the bidder has to pay
EMD for each Plot separately as prescribed in Payment Schedule.

EMD payments for Bidder(s): The Bidder(s) who intend to participate in e-tender
cum e-auction should remit through MSTC’s e- Payment Gateway by logging with
their user id & password on www.mstcecommerce.com as detailed below:-

SELECT E-PAYMENT FROM THE LIST APPEARING ON LOGGIN -> CHOOSE PAYMENT
TYPE OPTION AS “PREBID EMD” FROM THE DROP DOWN MENU -> CHOOSE SELECT
REGION OPTION AS ‘HYD’ FROM THE DROP DOWN MENU -> CHOOSE CORRECT E-
AUCTION NUMBER FROM THE DROP DOWN MENU -> AND SELECT ANY ONE
OPTIONS FROM “NETBANKING” OR “RTGS/NEFT”.

NOTE: BANK TRANSFER CHARGES EITHER WAY WOULD BE ON BIDDERS A/C ONLY.

The Bidders who remitted Bid Security through RTGS/NEFT/SWIFT


should communicate MSTC Limited, Hyderabad in writing through Mail/Fax along
with UTR Number, failing which they will not be allowed to participate in the e-
auction. In any case, the E.M.D received either through DD/ PO or
RTGS/NEFT transfers after the due date as above will not be accepted and

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Bidders will not be activated for participating in e-auction.

(ii) TSIIC/ MSTC shall not be liable to pay any interest on the E.M.D deposit so
made and the same shall be interest free. No payment by Third Party on behalf
of the Bidder shall be accepted.

(iii) In case the successful bidder fails to come forward and pay the sale amount as
per the terms mentioned in this e-auction, the Pre-Bid EMD amount of such bidder
will be forfeited and the property shall be sold again through e-auction at the sole
discretion of Principal. The highest bidder / successful purchaser will have no right
on the said property.

(iv) In respect of Successful Bidder(s), the E.M.D amount submitted by them will be
adjusted against the final payment i.e 75% of total sale value of the plot.

The Bidder(s) who intend to participate in e-tender cum e-auction should remit E.M.D
at least one working day before the date of e-auction accepted till 17.00 hrs (IST).

The bidder(s) must compulsorily intimate the details of payment made through e-mail to J
Akhtar, DM (MSTC) at [email protected] / [email protected], giving
the following details:

(1) MSTC e-auction number (2) Name of buyer (3) Buyer registration number (4)
UTR/transaction ref no (5) Date of transfer (6) Name of Bank (7) Name of Branch (8)
City (9) Lot No.

Failing which they will not be allowed to participate in the e-auction. In any case, the pre-
bid deposits remitted either RTGS/NEFT transfers after the due date as above will not be
accepted and bidders will not be activated for participating in e-auctions.

(14) The EMD of unsuccessful bidders will be refunded as it is within 7 working days from
the date of closing of e-auction by MSTC. In case refund of pre-bid EMD by RTGS/SWIFT
the commission, bank transfer charges etc. shall be borne by unsuccessful bidders only.

(15) Minimum Price: The Minimum Price to be quoted by bidders shall the start price
Plus Increment value Rs. 100 or its multiples indicated against each lot/land parcel.

(16) MSTC Limited is acting only as a service provider for this e-auction and shall not be a
party to the contract between the Seller and the Buyer subsequent to this e-auction. By
bidding in this e-auction, a bidder acknowledges that MSTC Limited shall not be held

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responsible for any loss that he/she/they may suffer as a consequence to this e-auction.

(17) The land parcels notified for sale will be sold through e-tender cum e-auction on “ as
is where is basis”. Hence the bidders should inspect the lots/parcels and satisfy themselves
in all aspects before bidding, as otherwise it is deemed that the bidder has inspected the
land parcel(s) and satisfied himself/herself regarding the suitability of plots in all respects
for construction and no claims of any nature are maintainable against
TSIIC/SELLER/PRINCIPAL.

(18) Any Land parcel(s) notified for sale remains unsold will be re-auctioned at the sole
discretion of the Auction authority, the Vice Chairman & Managing Director, TSIIC

19) BIDDING PROCESS:-

(i) Only eligible and Registered bidders shall participate in e Tender cum e Auction
as per bidding schedule.
(ii) The bid value shall be the basic price p e r S q . Y a r d a s p r e s c r i b e d
exclusive of all applicable levies, Duties etc. Bidders shall quote in INR. The bidders
shall quote in R u p e e s per S q . Y a r d .
Each e-auction Lot of Land Parcel is a separate entity for bidding. Bidders have
to bid separately for each e-auction lot

Bidder may participate in e-tender or e-auction or both for each e-auction lot.

(iii) Procedure to participate in e-tender cum e-auction: Open website


www.mstcecommerce.com, Click on “E-Auction” tab on the left side of the page
and select „e-Auction for Govt. of AP & Telangana, then Enter using your User
ID and password and Select „Buyer from the drop down box, Click on “View
Details”, Click on “ View Live A u c t i o n s ” , Select “TSIIC e- Tender cum e-Auction”.
On clicking on the a u c t i o n number, the system will prompt a pop-up message
for selecting either e-tender or e- auction. Bidder may select accordingly as per his
choice and follow the procedure for e-tender and/ or e-auction as detailed below:

(iv) Procedure to participate in e-tender: The e-tender form for bidding will
appear with all details. Now, you can type your bid against the land parcel/LOT of
your choice and c l i c k on „BID button to submit your bid. Once a bid is
registered against a land parcel/LOT, the “BID” button against that LOT will get
disabled and you cannot bid against the same LOT again. To view your bid, you
may click on the link “Your Bid and see the bid and bid date and time. e-tender
opening time & closing time, mentioned in the e-tender cum e- auction catalogue

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may be treated as Indian Standard Time (IST) only. The e- tender will not be
appearing during the extended e-auction time. Bidders can submit bid amount in
e-tender with Minimum Price plus any amount in multiples of Rs.100.

(v) Procedure to participate in e-auction: To participate in e-Auction, choose e-


Auction as your mode of bidding. The auction floor will open up with relevant
details. Bidding is to be done Land parcel wise/Lot per Sq yd.

e-Auction period will be of 3 (three) hours duration subject to automatic


extension. If any valid bid is received in less than 8 minutes before closing time,
closing time will automatically extend up to last bid time plus 8 minutes, thus
giving enough opportunity to others to revise their bids on that e-auction. The
process will continue. The e-auction will close at a time when there will be no bid
for consecutive 8 minutes. While during normal and extended period of e-auction,
bidders can increase bid amount by a minimum of Rs. 100 and its multiples per for
each Land parcel/Lot.

(vi) Seller/MSTC will not provide any computer terminal for bidders and it is the
whole responsibility of the bidders to arrange themselves.

For “Important Guidelines for Registration and Bidding for bidders, please refer Annexure II.

(vii) Auto bid facility: In the auction, a bidder may give instruction to the computer to
bid on his behalf every time by clicking on the “Auto bid” button. Once the bidder
clicks on the “Auto bid” button, the computer will ask for incremental value and
upper limit of bid. The bidder has to fill up these values and submit.

(viii) When bidding for all the lots in an e-Auction close, e-Auction will close.

Caution in Submission of Bid: The Bidder shall be solely responsible for all
consequences arising out of the bid submitted by him (including any wrongful
bidding by him) and no complaint/representation will be entertained by
MSTC/SELLER in this regard. Hence Bidders must be careful to check (the Bid
Amount/Number of “0‟s/No. of Digits/ Unit of Measurement etc.) and rectify their
bid (if required) before submitting their Bid into the live e-auction floor by clicking
the 'Bid Button. In case of any bid being equal to or more than 2 (two) times the
current Highest Bid for a particular LOT, this will be displayed by way of a
WARNING on the Bidder's screen before he confirms/submits the bid. There is no
provision for putting Bids in decimals. During Live e-auction, only brief details will

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be shown under “LOT NAME” on the e-auction Floor where Bidders are required
to bid. The complete Item Details can be seen by the Bidders by clicking on
the respective Item hyperlinked under LOT Name and it shall be the
responsibility of the Bidders to see the “Plot Details before bidding and no
representation / complaint in this regard will be entertained by MSTC / Seller
from the Bidders.

20). E-AUCTION RESULT/STATUS:-

It must be personally seen by the Bidders online through the link ‘E-auction Lot Status’
immediately after closing of e-auction which will be displayed up to 7 (Seven) days
from the date of Closing of e-auction (excluding the date of closing of e-auction).
Immediately after closing of e-auction, a system generated automatic “Intimation
Letter” will be issued by e-mail to the Highest Bidder. The intimation letter issued by
MSTC Ltd. for that particular lot is only mere intimation. The highest bidder will not
accrue any right on that lot/Land Parcel.
The acceptance letter or otherwise will be intimated after the approval of
TSIIC/Government. The decision of Auctioning Authority & Vice – Chairman &
Managing Director, TSIIC shall be the final and binding on all the matters pertaining to
e-auction and the same shall not be questioned in any manner. Upon a bid being
successful and accepted by the Auctioning & Vice – Chairman &Managing Director,
TSIIC, the successful bidder shall make payment towards the cost of the Plot as per
Payment Schedule.
The highest accepted bidder should make payments as per the schedule failing which,
the offer of allotment may be considered for Second Highest bidder at the sole
discretion of TSIIC, duly forfeiting the entire amount EMD/E.M.D and payments and
their bid may be cancelled.
21). Payment Schedule:
a) Initial Payment by confirmed bidders:
25% of the total cost of the plot shall be paid by the highest successful bidder
within Fifteen days after confirmation of the bid by the Auctioning Authority.
b) Balance final Payment:
Balance 75% of the total cost of the plot shall be paid within Forty five days from the
date of confirmation of Bid duly deduction/adjusting EMD paid.
c) The highest bid itself will not confer any right over the confirmation of allotment,
unless and until the Vice – Chairman & Managing Director, TSIIC & Auctioning
Authority confirms the same.

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d) The Successful bidders should ensure prompt steps to credit the amounts in to
Government account as per payment schedule through challan in time failing which
allotment will be cancelled and entire amount paid/E.M.D will be forfeited.

22.1) MODE OF PAYMENTS:


a) 25% Initial payment and 75% of Balance final payments shall be made through
challan in Government account in the following Head of Account
0075 Miscellaneous General Service
MH 105-Sale of Land and Property
SH (01) Regulations and sale of property
22.2) CANCELLATION/SURRENDER/ WITH DRAWAL AND REFUNDS:
a) All the payments made by the successful bidder shall be made within the stipulated
time. For nonpayment of the sale price within the stipulated time as per
schedule, the sale conformation is liable to be cancelled without any intimation or
whatsoever nature.
b) The sale conformation is also liable for cancellation for violation of any other terms
and conditions as contained herein or as may be communicated from time to time.
c) In case of cancellation, for what so ever reason, the initial cost along with EMD in full
will be forfeited.
d) Withdrawal from the bid or surrender of sale confirmation by the applicant amounts to
cancellation for the purpose of refund of the amount paid by the applicant, duly
forfeiting the EMD in full & 25% initial cost paid.
23) POSSESSION AND CONVEYANCE:
a) After making 25% of the total cost of plot as initial payment the bidder is allowed to
check the extent of land on his sources. If he found any variation the exact area /
extent of the plot shall be arrived in the survey conducted in the presence of the
Successful bidder/Purchaser/Buyer / their representative
b) In case of variation, the balance final payment of 75% towards the cost of the plot
shall be paid as per the actual area arrived at.
c) The Successful bidder/Purchaser/Buyer shall take over possession of the Plot
on full payment of the total cost of the land.
d) Conveyance of the plot through a registered Sale Deed / Conveyance Deed will be
made by the Authority Competent on behalf of Government of Telangana on the name
of applicant bidder/company/firm only at the cost and their expenses after payment
of the full sale price and any other dues or such further time as may be, failing which
the sale confirmation shall stands cancelled without further notice besides forfeiture

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of EMD, Initial cost and any other amounts till then paid and the TSIIC will be at
liberty to initiate necessary action as deems fit.
e) All disputes arising out of or in relation to or in connection with the auction,
allotment or any other subject touching the plots in any manner whatsoever either
directly or indirectly shall be subject to and confined to the jurisdiction of the Courts at
Hyderabad alone as the case may be.
f) The successful bidder is solely responsible for protection of the auctioned plot from
the date of payment of full cost of the site.
g) All statutory formalities and procedure shall be adhered to and observed strictly by the
successful bidder.
24) GENERAL:
a) It is the responsibility of the bidder to know his eligibility in participation of bidding as
per existing laws of the mother land in all aspects. The TSIIC and MSTC is not
responsible for any kind of violations.
b) The Authority has power to forfeit the entire amount paid and to execute unilateral
cancellation deed in case of detection of impersonation, fraud, mischief, unlawful
transactions, cheating the government at any point of time during the course of
auction and also after the conclusion of the auction.
c) All rates, taxes, charges, fees, assessments and other levies, etc., of whatsoever
nature shall be paid by the Successful bidder/Purchaser/Buyer to the concerned
authority / Government including TSIIC from the date of allotment (Auction).
d) TSIIC reserves the right to defer, cancel, alter, amend or modify the Notification /
Advertisement calling for the applications for allotment at any point of time during the
course of auction.
e) The nomination given in the application is valid till the plot is registered in favour of
the applicant / Successful bidder/Purchaser/Buyer.
f) All the correspondence will be made to the address given at the time of registration. It
shall be the responsibility of the bidder to get any change in the address
obtaining acknowledgement from TSIIC.
g) In case of postponement of e-auction due to any exigency, the same will be informed
to the bidder through email.
h) The auction of plot shall be as per the schedule. Any un-disposed plots for whatever
reasons as per the schedule may be re-auctioned at the discretion of the authority.

Vice Chairman & Managing Director (FAC)

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