Keebles in the Media Spotlight: August 27 – November 2
Latest Legal 500 UK guide reflects Keebles’ strong performance
The Legal 500 UK 2018-2019 guide reinforces Keebles’ extensive expertise as a leading, multi-award winning Yorkshire legal firm.
The Corporate and Commercial department, which retained its coveted Law Firm of the Year title at the Sheffield City Region 2018 Dealmakers Awards, continues to be applauded as a key player. Department head, Matt Ainsworth, is praised as ‘technically brilliant with an extremely strong work ethic, responsive approach and a clear ability to stay calm under pressure’ . Award-winnng dealmakers Paul Trudgill and Michael Hall are also recommended.
Also ranked in Tier 2 are the Commercial Property, Litigation and Dispute Resolution, Insolvency and Corporate Recovery and Employment departments.
The guide describes our Commercial Property department, one of the biggest of its kind in Yorkshire, as combining ‘excellent service levels’ with a ‘personable approach’ making it ‘a key firm for clients in the region’ . The team is headed by Leading Individual Richard Smith, ‘whose attention to detail and ability to progress work is excellent’ , and is recognised for his expertise acting for investor clients. Also recommended are partners Alaric Birch, Paul Goel and Craig Law. Led by Michael Peacock, the guide also praised Giles Searby, Sarah Burton and Andrew McKenzie Smith in the Litigation and Dispute Resolution department who achieve successful outcomes for clients including Sharpsmart – a global leader in safe healthcare waste management. Heading the Employment team which handles contentious and non–contentious matters, Barry Warne is also recommended along with the ‘practical and pragmatic‘ senior associate Lauren Pickard who has particular expertise in supporting the firm’s corporate team in transactions. The guide extols the service of the Debt Recovery team as ‘nothing short of excellent’ with a team that ‘is always quick to respond, has exceptional knowledge of the realistic application of the law and an extremely proficient and practical approach’ . Describing department head Rachel Crookes as ‘brilliant’ , Next Generation lawyer Charise Marsden ‘will happily go above and beyond to sort any issues’ . The highly experienced Private Client department which includes George Connell and is headed by Michele Wightman, handles personal tax, trusts and probate work including tax planning, Court of Protection work and personal injury trusts. Legal 500 lauds the ‘strong and well-established‘ Family team on its expertise in divorce and financial remedy matters, praising the ‘down to earth, very bright and sensible‘ department head, Vanessa Fox and associate Antony Ball as ‘organised, professional and committed‘ and collaboratively trained. Said Keebles’ partner Paul Trudgill: “The latest Legal 500 guide reflects our sustained success and the depth and breadth of our talent.” Natalie Nattress, who regularly handles bankrupty and liqudiations, drives the Insolvency and Corporate Recovery team where Jo Smith is also a key name for corporate insolvency matters. Keebles’ expert Banking and Finance department is also included and lawyers singled out in the Sport Department include associate Andrew Broadbent.
Steps to safeguard care homes against becoming insolvent
By Andrew Broadbent, associate and litigation specialist at Keebles
News of an 83% increase in the number of carehomes becoming insolvent over the last year will no doubt prompt many care home owners to scrutinise their accounts and financial forecasts. The substantial rise is set against a backdrop of increasingly difficult market conditions such as a shortfall in public sector funding, a rise the cost of providing care and falling occupancy rates as more people are cared for at home. They also include the introduction of the national living wage. Introduced in 2016, it underwent a 5 per cent hike this year – and the Government is seeking to gradually increase wages to £9 an hour by 2020. With the Associate Directors of Adult Social Services claiming that local authorities in England and Wales intended to make further funding cutbacks to make savings of £824million, care home owners are urged to implement the following steps to prevent becoming another sector casualty: Cash flow is often a key factor in businesses entering into insolvency, particularly in circumstances where carehomes are often tied into long term contracts. It is vital that resident payments are monitored carefully and, in the event of any payments falling behind, carehomes are urged to act quickly when they are in arrears. This will avoid the amounts owed from mounting to unmanageable levels and aid cash flow. Assess options available if resident payments are not received. Often the final step will be to issue a Notice of Termination and start proceedings. Given the consequences of terminating a residency, the decision to do so should be fully considered beforehand. Think carefully before reducing your fees - a compromise in lowering them may only exacerbate cash flow problems and negate any bargaining power you may have had in the past with local authorities. With the ever-increasing cost in care provision attributable to the rise in the national living wage and other factors, consider whether provision for an annual review of fees can be included in agreements with public bodies and private individuals. Potential factors to include are likely to be a link to the National Living Wage and the Retail Price Index. Such a review could safeguard a carehome in the future and maintain margins.
If, following a financial review, it is decided that circumstances are unlikely to change, it is important that to take early legal advice from professionals who can assist in improving the carehome’s financial position or lessening the impact if the carehome does ultimately enter insolvency.
Care Home Professiona l
Head Of Operations Appointed At PM Legal Services
A new head of operations has been promoted at Doncaster-based PM Legal Services.
Senior associate and founder member Liz Rowen has taken up the role at the practice, which was founded 18 months ago and is a division of law firm Keebles.
Rowen has more than a decade's experience in specialist property management litigation, and advises clients on County Court and Tribunal related matters.
PM Legal Services is led by Cassandra Zanelli, who said: "Liz is highly respected in our sector and is a valuable member of our team. Her expertise and dedication have been instrumental to our achievements and her promotion will further accelerate our growth drive.“ Keebles partner Paul Trudgill added: "Liz's promotion is well deserved. Her invaluable contribution is reflected in the impact that PM Legal Services has made on the national property management landscape in a short space of time. We wish the team continued success."
Why cohabitation agreements can avoid financial and emotional trauma
Recent developments have reignited calls for the government to give cohabiting couples legal protection.
A surge in deathbed weddings, including comedy legend Sir Ken Dodd tying the knot with his long-term partner just two days before he passed away, was reported in August.
This was followed by a landmark case where the Supreme Court ruled that unmarried mother of four, Siobhan McLaughlin, could claim a Widowed Parent’s Allowance which is usually only granted to the survivor of a married couple. Before her partner’s death, Ms McLaughlin was among the unprecedented 3.3 million couples who are living together. Many of these mistakenly believe they have the same rights as married couples, should they separate or one of them die.
The stark reality is that these couples have no legal status and, contrary to popular belief, ‘common law marriage’ is not a concept with any status in law.
The clear rules in England and Wales which regulate the finances of divorcing couples - and who gets what when a spouse or civil partner dies - do not apply to live-in partners. There are no specific laws or provision to protect separating cohabitees who invariably have no automatic entitlement to anything on the death of their partner - no matter how long they have lived together. Such couples have to rely on property law if they own a property together. With cohabiting couple families remaining the second largest family type and the fastest growing, it is vital that these couples understand the legal ramifications of their status (or lack of it) and are not left disadvantaged if the relationship ends.
A simple and relatively inexpensive solution for them to set in place a cohabitation agreement, which is also referred to as a living together agreement.
A cohabitation agreement can avoid distress and heartache if the relationship breaks down and is particularly vital to ensure that the well-being of children involved remains a priority.
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Key considerations when entering into contracts with third party suppliers
Contract negotiations with supply chains can be complex and time consuming – but the cost of getting them wrong in terms of exposure to financial and reputational risks can be high and long lasting.
Without the right professional advice at the outset, it’s easy to overlook something with potentially devastating consequences.
Using our extensive experience of drawing up contracts on behalf of a diverse range of manufacturing clients, here are some key considerations to make the process run more smoothly:
Time spent scoping the precise requirements of a contract is rarely time wasted. This crucial phase is when you develop a shared understanding of each party’s responsibilities within the arrangement - and their expectations from it. In a fast changing world it’s not uncommon for contracts to change and develop over time. Think carefully at the outset about who is able to make changes along the way and under what circumstances this can happen. Similar principles apply to agreeing payment and payment terms. As a customer, clearly you want to secure the best price – but forcing a supplier to accept your terms could ruin your relationship or damage their business. Be clear on both sides on when payment is due and the consequences of a failure to pay. Be clear on issues of performance such as delivery dates and turnaround times. Either party might want to discuss financial penalties for under-performance or escalation plans when quality concerns are identified. Decide how you are going to limit your liabilities in terms of your financial exposure if something goes wrong with the contract. You might want to consider specific insurance policies, for example, to cover you in the event of a major contract failure. Compile clear and unambiguous dispute resolution procedures. It may not be in the best interests of the parties to terminate a contract early and it could be possible to agree mutual compromises – but having agreed escalation processes in place will help both parties in the long run. · If resolution fails, you may be compelled to terminate your contract. It is often far less painful for buyer and supplier if the steps above have been built into the contract and followed conscientiously throughout. Identify and agree any ‘warranties’ within the contract. These can apply to things such as the quality of goods supplied or any intellectual property attached to a product or service.
Ultimately, if you are properly aligned with your third party suppliers, have properly drafted contracts in place and treat them as your partners, you are likely to experience higher success rates and enhanced collaboration. However, it’s always worth obtaining an expert opinion on any new or amended contracts that you draw up. The support and guidance of a legal practice with a proven track record in manufacturing and contract management is crucial to avoid entering into to an agreement that might prove costly or damaging to exit.
PM Legal Services head to moderate at ARMA conference
Leading trade body, the Association of Residential Managing Agents (ARMA), has invited Cassandra Zanelli, head of PM Legal Services, to moderate at its national conference. Cassandra, who launched the award-winning firm - a division of Keebles LLP - from scratch in February 2017, is a recognised residential leasehold expert and the first UK lawyer to be appointed to ARMA’s advisory panel. ARMA’s ‘Agents for Change’ conference in London on October 18 will address key sector issues - the repercussions of the Grenfell tragedy, regulation of managing agents and leasehold law reform. Keynote speaker is Law Commissioner Professor Nicholas Hopkins who will update delegates on residential leasehold and commonhold reform. A champion of driving up industry standards, Cassandra, who has been included in News on the Block’s 2018 Hot 100 most influential people in the residential leasehold property sector across 2014-2018, will moderate an expert panel discussion which will debate the future of leasehold. She said: “This is a formative period for our sector and it’s a tremendous privilege to be moderator at the industry’s ‘go to’ conference where around 800 attendees will learn the latest developments from speakers at the highest level.” Keebles head of commercial property, Richard Smith, said: “Being invited to moderate at ARMA’s flagship annual conference reinforces Cassandra’s reputation in the sector and reflects how highly she is regarded by influencers and regulators.” Cassandra has also been invited to be a keynote speaker at an RICS CPD Day in Greater Manchester on November 8 where she will present on the incoming ‘Right to Rent’ checks. PM Legal Services, which has expanded by almost 300% in the last 12 months, is hosting its own series of ‘Back to School’ best practice conferences for property managers. The fourth event across 2018 takes place on September 20 at The Workstation, Sheffield where a strong line up of industry speakers will each present a ‘lesson’ for property managers to implement over the forthcoming school year.
How to stop workers getting hot under the collar as heat waves continue
As the high temperatures looks set to roll into September, Barry Warne, head of employment law at Keebles, advises how employers can prevent a backlash from workers.
Irrespective of whether employees undertake light or strenuous duties in factory environments, ensuring their wellbeing in the current sweltering climate is of paramount importance.
Although there is currently no statutory minimum or maximum workplace temperature, there is a recommended minimum. Guidelines from the Health and Safety Executive (HSE) set a minimum of 16C – but it can be as low as 13C if the work is particularly strenuous.
This is reinforced by The Chartered Institute of Building Services Engineers which recommends 13C for heavy work in factories and 16c for light work.
Employers are responsible for providing a safe environment for their people at all times – and in all weathers. They are legally required to provide workers with a ‘reasonable’ temperature at work along with access to thermometers, enabling staff to check the air temperature in all areas of the factory. Being overheated can result in loss of concentration and increased tiredness - which can be detrimental for employees operating machinery. High temperatures raise the risk of accidents, cause discomfort for those whose duties require wearing protective clothing - and exacerbate medical conditions. Workplace regulations say businesses should make a 'suitable assessment' of the health and safety risks posed to staff in their working environment and take action “where necessary and where reasonably practicable". The 'necessary' action will vary according to the nature of products produced. It will include making decisions ranging from moving people away from direct sunlight, opening windows – or sending employees home if safe working cannot be arranged. Employers’ responsibilities extend to ensuring access to suitable and sufficient washing facilities - clean hot and cold or warm water, soap and towels. The facilities should be in close to factory changing rooms and, depending upon the type of work, can include showers.
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Yorkshire Post Property Matters Q & A
Yorkshire Post Property People - Bonita Wolfenden, Associate, Keebles LLP
What’s the biggest development you have seen in the legal world during your career?
New case management programmes and updating tools which allow us to communicate with our clients, and third parties to deliver services to them in a more streamlined and efficient way. The current trend is moving towards smart phone apps which will enable buyers, sellers and estate agents to track in real time every stage of their property transaction from when the sale has been agreed right through to completion. Everyone involved in the property transaction will be able to use the app to receive updates of the case, which will reduce the amount of paper work and time spent giving updates on the phone and by email.
What law would you like to see changed?
The Law Commission have put forward proposals which would allow leaseholders to purchase freeholds at a fraction of the price currently demanded by some ground rent companies. The current process can be difficult, time consuming and very expensive. There needs to be some form of regulation or a set of formulas so that the process is standard across the country.
What’s the most exciting work you have ever done?
Residential property work is rewarding and being part of the process of a huge investment in someone’s life is an important role to play. There are occasions when transactions can become complicated and it is fulfilling to be able to sort out the legal problems for my clients. Aside from the standard sale and purchase transactions, I am currently working on a £1.5 million property portfolio finance for a property developer and their lender with a strict deadline.
Who do you admire most in the legal world?
All lawyers and paralegals that work in residential property! It is a fast-paced area of law where emotions and tensions can be high. I admire the lawyers that have worked in the industry for the best part of 40 years who have seen the highs and lows of the property market, and that are still willing to be helpful to the younger generation of property professionals, and provide stability in an often-unstable environment.
What advice would you give someone starting out in the profession?
As a part of the trainee recruitment team at Keebles, my advice is to make your application stand out from the rest. Do something different with your gap year or take up an extraordinary hobby and then apply the skills that you have developed to working in a law firm.
Michele Wightman responds to listeners’ questions on Wills and Probate with Paulette Edwards on Radio Sheffield. Vanessa Fox responds to listeners’ questions on divorce and family law with Paulette Edwards on Radio Sheffield.
News on the Block Hot 100
Cassandra Zanelli and Liz Rowen listed in the News on the Block Hot 100
For full article please email Simon Gorman.
Workshop puts spotlight on mental health issues in workplace
Business owners and HR professionals will receive valuable insights into dealing with mental health problems in the workplace at an event in Sheffield on November 8.
With an increasing number of employees affected by mental health conditions – which result in spiraling costs to employers – keynote speaker, Kate Appleyard of Appleyard HR will equip attendees with solutions on how to manage situations. Kate, who has over two decades of experience in strategic and hands-on HR management, will share practical steps open to employers and outline the business benefits for employers and employees of building a more open and inclusive work culture. Keebles’ employment experts, who are hosting the workshop, will cover areas which include employers’ legal obligations such as duty of care and personal injury negligence claims. They will also explain how to deal with medical evidence and occupational health services along with implementing six mental health core standards’. Barry Warne, head of employment law at Keebles, said: “Mental health issues including anxiety and depression affect one in four people at some point in their working lives. “According to studies, the growing issue creates an annual cost to employers of up to £42 billion every year – half of which stems from ‘presenteeism’ where employees are less productive.
“We’re delighted that Kate Appleyard will share her extensive experience during our interactive workshop.
“The session will present and discuss case studies on key areas which include reducing the risk of mental health in work, fluctuating and disguised mental health conditions and managing a phased return to work.”
Property managers give “back to school” conferences top marks
“Back to School” conferences spearheaded by award-winning PM Legal Services to raise industry standards have scored highly with property managers.
PM Legal Services, a division of Keebles, hosted and led the events in Yorkshire and London following the success of two sell-out best practice conferences earlier this year. Almost 400 property managers and industry professionals have attended the four free of charge sessions featuring high-profile speakers. Aligned with the “Back to School” theme, presenters delivered lessons on subjects including English language, history and detention – equipping attendees with valuable sector insights and tips. Experts included PM Legal Services head, Cassandra Zanelli, a recognised residential leasehold expert, Andrew Bulmer, CEO of Institute of Residential Property Management and Paul Robertson, MD of Midway Insurance Services Ltd. Cassandra said: “Property managers gave excellent feedback and found the conferences invaluable. There is a wider movement to boost sector standards through education and knowledge building and the Government is currently examining minimum entry requirements of property managers. “As a firm at the forefront of best practice and committed to sharing knowledge, our conferences dovetail perfectly with this goal to deliver enhanced qualifications and training.” Richard Smith, Keebles’ head of commercial property, said: “The high level of attendance and response to the events reinforce PM Legal Services’ instrumental role in the ongoing drive to further elevate standards.” Delegates were invited to donate to PM Legal Services’ nominated charity, YMCA Training. Plans are in the pipeline for the firm to hold additional London and Northern conferences in 2019.
Keebles’ quiz boosts charities fundraising goals
Keebles has led and hosted a second annual general knowledge quiz to enhance the fundraising goals of local charities.
Shiloh Rotherham, which supports homeless adults and those at risk from homelessness, clinched first place. Also taking part were teams from South Yorkshire Community Foundation (SYCF), Cavendish Cancer Care, Sheffield Children’s Hospital, Hope English School, Sheffield Town Trust, Keebles and Yorkshire Bank. Shiloh Rotherham was awarded £250 to help the people it supports to live a fulfilling and independent life .The charity provides a day service three times a week, offering food, clothing, laundry, showers, training, mentoring and activities. SYCF received £100 for being second and Cavendish Cancer Care was awarded £50 for third place. Keebles’ senior associate, James Alger, compered the vibrant event comprising six rounds of questions on Yorkshire, geography, music, film and TV, sport and general knowledge. Michele Wightman, head of Keebles’ private client department, said: “We received so much positive feedback from charities participating in last year’s quiz that we wanted to make it an annual event. Well done to the winners and to everyone involved from these inspirational charities.
“A big thank you’ to Yorkshire Bank for once again sponsoring the event – and to The Showroom for donating its fantastic function room again.”
A champion of giving back to its local communities, Keebles has offices in Sheffield, Doncaster and Leeds. The firm’s vibrant fundraising programme across 2018 has included a team of trainees jointly clocking up 544 kilometres on static bikes for Cavendish Cancer Care.
Keebles helps Senior Architectural Systems with MBO
Keebles has represented Doncaster-firm Senior Architectural Systems, the UK’s largest privately owned aluminium window systems manufacturer, in a management buy-out of the company by its current board of directors. The MBO deal has been led by Senior’s MD Mark Wadsworth, and includes three other members of the board – sales director James Keeling-Heane, technical director Mark Wheatley and financial director Les Buxton.
Senior’s founder Lennart Jonsson, who helped establish the company in 1991, will continue as a shareholder and director.
With a strong standing in the commercial construction market and a full suite of aluminium glazing solutions, Senior has invested heavily in the development of its product range and was awarded a patent in 2016 for its low U-value PURe® aluminium windows and doors. Lennart Jonsson said: “This is a very exciting time for Senior and I am extremely proud of everything that has been achieved over the last 27 years. “The move has been a natural and seamless progression for us. Our goal, as always, is to give our customers what they want, when they want it and the new management structure will enable Senior to continue to do just that.” “Looking ahead, we will continue to invest to ensure that we not only have the products but also the service that our customers in both the domestic and commercial sector expect.” The MBO was funded by Tosca Debt Capital, the UK’s only regionally-based debt capital provider focused on regional SMEs with strong growth potential. Addleshaw Goddard provided legal advice to TDC and Senior was advised on the deal by a multi- disciplinary team from KPMG, led by corporate finance partner Giles Taylor, Stephen Leah and Philip Hall. Legal advice on the MBO was provided by a team from Keebles LLP led by Matt Ainsworth and Henry Hill, with DLA Piper, led by Richard May, advising Lennart Jonsson on the transaction. Matt Ainsworth who heads Keebles LLP corporate and commercial team, added: “Senior has been a long-standing client of the firm and we are delighted to have been involved in this transformational deal. Mark Wadsworth added: “Operationally it is business as usual, and with the recent addition of our new financial director, the board is stronger than ever.
“We look forward to seeing Mark and the management team realise the growth potential in the business over the coming years.”
Based in Denaby, South Yorkshire, Senior Architectural Systems also has operational bases in Scotland and Wales to provide a nationwide service. Employing over 160 people across the country, Senior’s reported turnover for the year ending June 2017 was £30.9m.
PM Legal Services in finals of Property Management Awards
Legal Services Provider Award
Finalists: Brady Solicitors Brethertons LLP Leasehold Debt Recovery PM Legal Services RadcliffesLeBrasseur SHCE Limited t/a The Sheriffs Office
The Real Facts Behind The So Called ‘Quickie Divorce’
Everyone embarking on divorce – whether magnates, millionaires, film stars or the majority of people going about their daily lives has to follow a nine-stage process – which can take months as opposed to minutes. STAGE 1 You have to be married for a year to apply for divorce. Stage 1 sees you as ‘the petitioner’ filing a petition to the court on the grounds that your marriage has irretrievably broken down. It costs £550 and you can apply online. STAGES 2 – 4 In stages 2-4 the court forwards a copy of your application to your husband/wife, referred to as ‘the respondent’ who must then complete an Acknowledgment of Service form sent by the court. When completed, the court sends this form to you. STAGE 5 The respondent then has two weeks to decide whether or not to contest the divorce petition. This is stage 5 of the process. If they oppose it, they are required to fill out an ‘Answer to Divorce’ petition explaining why and pay a fee. At this stage your wife/husband can also start divorce proceedings against you. This usually happens if they have counterclaims on the basis of your unreasonable behaviour or adultery. Six weeks could now have lapsed since you filed your petition. STAGE 6 -7 In steps 6 and 7 you apply for a decree nisi, confirming you want to go forward with the divorce. You send this form to the court with a copy of your husband/ wife’s response to the divorce petition. Your decree nisi is then placed before the Judge, and is usually eventually granted, provided the judge agrees that the grounds are reasonable and the respondent does not oppose the divorce. A court hearing is needed if the decree nisi is opposed, after which the judge could either grant the decree nisi or issue a ‘notice of refusal of judge’s certificate’ form, outlining why you can’t divorce. The judge may also ask for more information or a second court hearing may be required. If the judge agrees that the decree nisi can be made, the names of all those whose decrees are being pronounced that day is read out in court, a process which takes a few minutes – hence the notion of a “quickie divorce”. In the penultimate stage, you apply for a decree absolute six weeks after your decree nisi has been granted. This is the documentt that legally ends your marriage and is granted in the ninth and final stage of the divorce.
These same steps also apply for those seeking to dissolve a civil partnership.
This process currently takes at least 6 months to conclude, due to court delays in processing the decree nisi.
Yorkshire Post Legal Matters Q & A
Natalie Sheldon is an associate in Keebles’ Private Client department
What’s the biggest development you’ve seen in the legal world during your career? The wide-ranging regulatory developments in the legal system since I qualified are paving the way for forthcoming changes to both the traditional structure of legal practices and the way clients choose to interact with their solicitors. In my area specifically there have been changes to Inheritance Tax and increasing regulation regarding Trust records. As professionals we constantly have to make sure we are up to date and understand the implications of changing rules and regulations. What law would you like to see changed? I wouldn’t necessarily alter one statute, but I work in an area which can be perceived as archaic in that the laws have not changed for a long time. I think the basic laws we adhere to have stood the test of time but that certain elements need updating in light of technological advancements over the years. For example, as many of us now have an online presence, there needs to be laws to deal with what happens to this data when we pass away and how our digital assets can be passed down the generations. What is the most exciting work you’ve ever done? From being a trainee I have always mainly dealt in private client work which includes wills, trusts, probate and tax. I enjoy advising families with succession issues and on planning better for the future with regards to Inheritance Tax and Wills. I have also managed the administration of estates with cross jurisdiction issues which I find interesting. As a law student I would say Lady Hale was an inspiration in fighting for diversity in the legal profession. As a young professional however, I think the best way to learn is through listening, networking and being inquisitive. I am surrounded by individuals who have a wealth of knowledge and experience and who are always willing to share experiences and listen. What advice would you give someone starting out in the profession? Be confident in your own abilities and get as much experience as you can. Entering the legal profession can be competitive so you need to persevere to get where you want to be. Having an enquiring mind and a pragmatic approach to problem solving also goes a long way Who in the legal world do you most admire?Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20
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