Sports Agent and Professional Athlete Estate Settlement in North Carolina
When a professional athlete passes away, their executor faces a settlement landscape far more complex than a typical estate. Sports careers create a unique constellation of income streams, contractual obligations, intellectual property rights, and union benefits that require immediate attention and specialized knowledge to protect the family's interests.
The challenge compounds when the athlete dies intestate, or when endorsement contracts contain clauses triggered specifically by death. Team contracts might vest differently. Image licensing agreements could have decades of remaining value. Pension benefits might require beneficiary designation changes within days. A sports agent relationship, which may span decades, needs smooth transition or careful termination.
For executors in North Carolina settling a professional athlete's estate, understanding these specialized assets is non-negotiable. This guide walks through the landscape and explains how to navigate it methodically.
Overview of Professional Athlete Estate Complexity
A professional athlete's estate typically contains far more than salary and savings. Most athletes build income across multiple categories, each with distinct rules and tax consequences.
Employment income from team contracts represents the obvious piece, but it's often just the beginning. Endorsement deals, appearance fees, broadcasting royalties, sponsorship arrangements, and image licensing generate substantial revenue during an athlete's career. Many of these agreements don't automatically continue after death or pass to heirs in predictable ways.
Deferred compensation structures, common in professional sports, create additional complexity. An athlete might have agreed to receive reduced immediate salary in exchange for larger lump-sum payments in retirement years. These arrangements typically specify beneficiaries and tax treatment, but they require executor notification and claim submission within tight timeframes.
League pensions and union disability benefits represent significant income sources that most families don't fully understand. The NFL, NBA, MLB, and other major leagues offer pension programs with specific survivor benefits. These typically won't automatically flow to heirs without proper beneficiary designation or executor action.
Personal services contracts, like endorsement deals or appearance agreements, frequently terminate upon death. Unlike royalties or licensing agreements that generate passive income, these contracts are built on the athlete's personal participation or celebrity status. An executor needs to understand which contracts terminate immediately, which might continue for a defined period, and which could be sold or renegotiated.
Intellectual property assets include image rights, publicity rights, trademark registrations tied to the athlete's name or likeness, and NIL (Name, Image, and Likeness) rights. These assets can generate income for decades after the athlete's career ends, but only if they're properly protected and transferred through the estate.
Multi-state complications arise because many athletes maintain residences in multiple states, sign contracts while out of state, and accumulate property across different jurisdictions. North Carolina has specific rules governing in-state versus out-of-state domicile for income tax purposes, and executors need to navigate these carefully.
The speed of required action separates athlete estates from typical settlements. Some endorsement contracts have death clauses requiring notice within 30 days. League pension survivor benefits often require claim submission within 60-90 days to avoid forfeiture. Missing these deadlines can cost families tens of thousands of dollars.
Endorsement Contracts and Personal Services Agreements
Endorsement contracts represent some of the most valuable revenue-generating assets in an athlete's portfolio, yet they rank among the trickiest to settle because most are fundamentally personal in nature.
The legal doctrine of "non-assignability" is the core issue. An endorsement contract for a shoe brand, energy drink, apparel company, or automotive brand is built on the athlete's personal reputation, image, and marketability. The endorser agreed to pay that specific athlete for that specific athlete's endorsement. When the athlete passes away, the endorser loses the core consideration it bargained for: the living, breathing athlete wearing the product or appearing in advertisements.
Standard endorsement contracts typically include a death termination clause. This clause specifies what happens if the athlete dies during the contract term. Most clauses terminate the agreement immediately, but some permit final payouts or specify conditions under which the remaining contract value flows to the estate. An executor needs to immediately locate all endorsement agreements and review these termination provisions.
The timeline is critical. Upon learning of the athlete's death, the endorsing company will likely invoke the termination clause. The executor should proactively contact all known endorsement partners within two to four weeks and request a final accounting. Some contracts specify that final payments due must be submitted within 30 days of death. Missing this window can result in forfeiture of accrued but unpaid compensation.
Occasionally, an endorsement contract contains a "post-mortem" or "legacy" clause that permits the company to continue using the athlete's image or likeness for a limited period after death. These clauses are rare but valuable. They allow the company to deplete existing marketing materials or advertising inventory that features the athlete. The contract might specify a reduced payment rate for this post-mortem period, typically running 6 to 24 months. An executor should verify whether any active endorsement deals include such provisions and ensure they're exercised or waived according to the contract terms.
Common endorsement partners in professional sports include footwear and apparel manufacturers (Nike, Adidas, Under Armour), beverage brands (Gatorade, energy drinks), financial services (credit card companies, investment firms), automotive (car brands, fuel companies), technology, and insurance. Athletes with substantial endorsement portfolios often have five to fifteen active deals simultaneously. Each requires individual review and contact.
The financial impact is substantial. A high-profile NFL player might have 3-5 million dollars in annual endorsement income. NBA and MLB stars can exceed this. While most contracts terminate at death, the final payment accrued through the date of death typically flows to the estate. This might represent one to three months of additional income. Additionally, some athletes have endorsement deals structured as licensing agreements for the use of their name or image. These sometimes survive death and continue to generate royalties.
The sports agent, if one exists, should be notified immediately and consulted regarding endorsement contract management. The agent likely has copies of all agreements and may have relationships with endorsement company executives that facilitate final settlements. The executor should obtain the agent's cooperation and documentation before contacting endorsement companies directly.
Image Rights and Publicity Rights
While endorsement contracts typically terminate at death, the athlete's underlying intellectual property rights in their image and likeness can endure for decades. This is where estates realize substantial long-term value.
North Carolina recognizes a statutory "right of publicity" that protects both living individuals and deceased persons. Under North Carolina General Statutes sections 66-28 through 66-34, a person's image, likeness, voice, name, and persona are protected intellectual property. Critically, North Carolina extends this protection posthumously for fifty years after the athlete's death.
This fifty-year posthumous period is significant. It means the estate can license and control the athlete's image and likeness for five decades after death. A deceased athlete's face cannot be used in advertisements, merchandise, digital media, or any commercial application without the estate's permission. This right is inheritable and passes through the athlete's estate to designated heirs or beneficiaries.
The practical applications are numerous. Television networks and streaming services license athlete footage for documentaries and sports programming. Video game developers license athlete likenesses for sports games. Merchandise companies pay for the right to print an athlete's image on apparel or collectibles. Social media platforms and digital publishers pay for archival content rights. Trading card companies license likenesses. Museums and sporting venues pay for the right to use historical images in exhibits and marketing.
An executor should identify and register the athlete's image and likeness rights as estate intellectual property. This might involve trademark registrations for the athlete's name or iconic phrases associated with them. Some athletes have already registered their likenesses or persona with the U.S. Copyright Office. The executor should conduct a records search to identify any existing intellectual property registrations.
The estate should then determine if the athlete had existing licensing agreements in place before death. If so, these agreements typically specify how much surviving family or executors can earn from continued licensing. Some athletes had already set up entities specifically to manage their image rights and licensing revenue. Others left no formal structure, meaning the executor must create one.
Common image licensing opportunities include ESPN and other sports networks paying for archival footage rights, particularly as athletes become Hall of Fame candidates or pass significant career milestones. A posthumous documentary or biography might require image licensing. Video game publishers, particularly EA Sports (which produces Madden NFL and other sports franchises), have historically paid for athlete likenesses. AI companies now increasingly license athlete images for digital reconstruction or training models, creating new valuation questions.
Enforcement is equally important. An executor or estate heir should monitor for unauthorized use of the athlete's image. A sports memorabilia company using the athlete's likeness without permission, or a social media influencer using the athlete's image for commercial promotion without licensing, constitutes infringement. The estate has the right to issue cease-and-desist letters and pursue damages if necessary.
Deferred Compensation and Structured Settlements
Professional athletes frequently negotiate deferred compensation arrangements as part of their team contracts. These structures allow an athlete to reduce immediate salary in exchange for guaranteed payments extending well into retirement or even beyond.
Deferred compensation serves multiple purposes in professional sports negotiation. Teams use it to spread salary cap obligations across multiple years. Athletes use it for tax deferral, retirement income planning, or to create a guaranteed stream that continues beyond their playing career. A veteran player might have the final three years of a multi-year contract structured as deferred payments beginning two years after retirement.
The critical aspect for estate settlement purposes is understanding the beneficiary designation and payment terms. When an athlete dies, does the deferred compensation continue to their estate or a surviving spouse? Does it terminate? Most major league contracts specify that deferred payments continue to the athlete's designated beneficiary, typically a spouse, and then to the estate if the beneficiary predeceases.
The executor must immediately locate all deferred compensation agreements and contact the relevant teams or financial institutions administering the payments. This information is often held by the athlete's agent, team management, or union. The union representing the athlete, such as the NFLPA or MLBPA, may also maintain records and can facilitate claims.
Tax treatment is significant. Deferred compensation is ordinary income when paid, subject to federal and state income tax. The estate may be responsible for withholding and remitting taxes on deferred payments it receives. Additionally, if the athlete died before receiving the deferred compensation, the payments constitute income in respect of a decedent (IRD) under federal tax law. This has specific implications for both income tax and estate tax purposes.
Many deferred compensation arrangements require affirmative claim submission. The executor cannot assume payments will automatically flow to the estate. Instead, the executor must submit a death certificate and claim form to the relevant team or administrator. These claims typically have deadlines ranging from 60 to 90 days. Missing the deadline may result in forfeiture.
The financial stakes are substantial. A professional athlete with a ten-million-dollar career contract might have two to four million dollars in deferred compensation structured as post-retirement payments. If the athlete dies before fully receiving these payments, the estate has a direct claim for the remaining balance, provided the beneficiary designation or contract terms permit it.
League Pension and Disability Benefits
Professional sports leagues maintain pension and disability benefit programs for athletes. These programs represent significant sources of retirement income, and they often provide survivor benefits that flow directly to heirs outside the probate process.
The NFL Pension Plan, administered by the NFLPA, offers monthly payments to retired players ranging typically from 1,500 to 5,000 dollars per month depending on years of service and age at retirement. The exact amount is determined by a complex formula considering the player's length of career, service credit, and vesting schedule. A player is vested after four accrued seasons.
The pension is not solely earned through on-field service. It includes credits for time spent on practice squads, injured reserve, and other league-related positions. When a player dies, the pension plan specifies whether a surviving spouse or designated beneficiary continues to receive monthly payments. Some plans provide reduced survivor benefits. Others permit a lump-sum payment to the estate.
The NBA Pension Plan offers similar monthly benefits, typically ranging from 1,500 to 4,000 dollars per month depending on service years. The minimum eligibility is typically three years of service, and benefits increase with additional years.
The MLB Players Union provides pension benefits of similar magnitude, with some players receiving higher amounts depending on historical era and negotiated terms. Baseball players with longer careers often accumulated higher pension credits.
These pension benefits are not automatic. The executor or beneficiary must file a claim with the relevant league or union pension administrator. This requires submitting a death certificate, the athlete's social security number, and any beneficiary designation documents on file with the plan. The pension plan will verify that the athlete was vested and determine whether the beneficiary is entitled to survivor benefits or a death benefit lump sum.
The timeline is important. Most pension plans require claims to be filed within 60 to 90 days of death. Delay can result in loss of benefit months. A surviving spouse who is the designated beneficiary should file the claim as soon as possible, ideally within 30 days of death.
Additionally, professional athletes often qualify for disability benefits through their league. If the athlete died from a cause related to career injury or occupational disease, the family might be entitled to disability death benefits in addition to pension survivor benefits. For example, an athlete who died from complications related to a career-ending injury might have the death classified as service-connected for disability purposes.
The union representing the athlete, particularly the NFLPA, can assist with pension claims and may advocate for favorable benefit determinations if there are questions about eligibility or survivor status.
Union Benefits and Protection
The major players unions in professional sports, particularly the NFLPA, NBPA, and MLBPA, provide members with benefits extending far beyond pension programs. These include disability insurance, group life insurance, health insurance continuation, and representation in contractual disputes.
Group life insurance is a standard union benefit. Most professional athletes receive employer-provided group life insurance through their team or league, typically covering one to two times the athlete's annual salary. A player with a 5 million dollar salary might have 5 to 10 million dollars in group life insurance coverage through this benefit.
Group life insurance proceeds are typically paid directly to the designated beneficiary outside probate, making them immediately accessible to surviving family members. The executor should contact the league or union to identify group life insurance policies and submit claims if the athlete didn't designate a specific beneficiary.
Disability insurance provides monthly income to athletes who become unable to work due to injury or illness. Some athletes continue collecting disability benefits even after retiring from play. If the athlete was receiving disability benefits at the time of death, these typically terminate at death, but the executor should verify this and ensure no final payments are owed.
Union representation extends to contract disputes. If the athlete's estate contests a team's interpretation of contract terms, or if there's a disagreement regarding final payment amounts, the union can provide representation and advocacy. The NFLPA, for example, maintains a grievance and arbitration process for contract disputes.
Health insurance continuation, typically COBRA coverage, allows the family to continue the athlete's group health insurance for a defined period after death (usually 36 months). This is particularly important if the athlete had dependents relying on the coverage.
NC Professional Sports Teams and Local Implications
North Carolina is home to several professional sports franchises with national profiles. The Charlotte Panthers (NFL), Charlotte Hornets (NBA), and Carolina Hurricanes (NHL, based in Raleigh) are the primary major league teams. Charlotte FC (MLS) represents the growing soccer market.
When a professional athlete based in North Carolina passes away, additional complications may arise related to local property ownership, domicile questions, and state tax implications. An NFL player who lived in Charlotte during the season but maintained off-season residency elsewhere faces questions about which state should probate the athlete's will.
North Carolina recognizes domicile as the state where a person intends to make their primary home and has actual presence. A player who owned a primary residence in Charlotte, paid NC income tax, and had family residing in-state would be presumed an NC resident for tax purposes. This means the athlete's estate may file a North Carolina probate action and be subject to NC estate and income taxes.
Local complications also arise with NC-based real property. If the athlete owned homes, commercial property, or other real estate in North Carolina, the property must be titled in the estate's name or transferred according to the will. This typically requires filing probate in NC even if the athlete had other residences elsewhere.
The executor should determine the athlete's domicile status and identify all NC real property within 30 days of death. This prevents title complications and ensures proper registration with NC county records.
NIL Rights for College Athletes in NC
College athletes in North Carolina, particularly those from major universities like UNC, Duke, NC State, and Wake Forest, increasingly generate income through Name, Image, and Likeness agreements. These arrangements, permissible since 2021, create new estate planning considerations.
NIL agreements allow college athletes to commercialize their name, image, and likeness during their collegiate careers. An athlete might have endorsement deals, social media sponsorships, appearance fees, or merchandise licensing arrangements funded directly by brands or through collectives (organizations that pool funds to support athletes).
When a college athlete passes away, NIL agreements present novel estate questions because the legal framework is still developing. Most NIL contracts are short-term, one to three years, and include termination clauses triggered by the athlete's inability to fulfill obligations. If an athlete dies during a NIL agreement term, the brand or collective typically terminates the agreement and stops payment.
However, some NIL agreements include residual revenue streams. An athlete with an ongoing merchandise deal might have ongoing royalties from product sales that continue briefly after death. The executor should examine any NIL agreements to determine if they include any post-termination revenue rights.
Many successful college athletes establish legal entities, typically LLCs, to hold and manage their NIL rights. This is standard practice in major college sports programs. When the athlete passes away, the executor must determine if an LLC exists and whether it holds any valuable NIL contracts or ongoing revenue streams. The LLC might have bank accounts or contracts in the LLC's name, requiring the executor to manage the LLC entity itself or wind it down.
For college athletes who expected to turn professional, the estate might retain valuable NIL rights that could appreciate if the athlete's story, legacy, or image gains cultural significance after death. A former college athlete who died young might have a significant documented fan base that generates interest in commemorative merchandise or retrospective content.
The challenge is that NIL rights, being newly legalized and commercialized, don't have established estate settlement procedures. The executor should consult with an attorney experienced in NIL and collegiate sports law to determine what rights survive death and how they should be managed through probate.
CTE-Related Estate Planning and Capacity Issues
Chronic traumatic encephalopathy (CTE) has emerged as a significant occupational hazard in professional football, hockey, and other contact sports. The condition develops through repeated head impacts and has profound implications for estate planning and testamentary capacity.
CTE creates both legal and human complications for athletes' families. An athlete diagnosed with or suspected to have CTE during life might have had cognitive decline that raises questions about the validity of wills, trusts, or other estate planning documents created during this decline. Conversely, an athlete who died with CTE might have planned their estate decades earlier when fully competent.
The executor needs to understand whether the athlete's will was executed before or after any CTE-related decline. Medical records, neurological evaluations, and expert testimony can help establish the athlete's mental state at the time of will execution. If questions arise about capacity, the will might be challenged. This is one of the contested estate scenarios where professional guidance is essential.
CTE also affects beneficiary designation disputes. An athlete with advancing CTE might have changed beneficiary designations or made unusual financial decisions. Family members might challenge these changes. The executor must determine whether any changes were made while the athlete lacked capacity.
Additionally, some athletes with CTE concerns choose to donate their brain to research organizations like Boston University's Center for the Study of Traumatic Encephalopathy. If the athlete expressed this wish, the executor should facilitate the arrangement. Brain donation is coordinated with the athlete's physicians and requires specific protocols, including prompt notification after death.
Finally, CTE-related injuries and complications might trigger insurance claims or product liability claims. If the athlete died from complications related to head injuries sustained during career play, the family might have claims against equipment manufacturers, team medical staff, or league governance for inadequate protections or safety protocols. These claims can be valuable and should be identified early.
Sports Agent Continuation and Management
Professional athletes typically work with sports agents who negotiate contracts, manage endorsements, and provide business advisory services. When the athlete passes away, the agent relationship becomes an estate management issue.
The standard agent representation agreement grants the agent the right to represent the athlete in negotiations and collect a commission, typically ranging from 5 to 10 percent of negotiated contracts. Upon death, this representation automatically terminates. The agent cannot continue to represent the athlete's interests or collect commissions on new deals.
However, the executor may benefit from the agent's continued involvement during estate settlement. The agent has copies of all contracts, relationships with teams and endorsement companies, and knowledge of financial arrangements the executor might not immediately access. The executor should contact the agent promptly and request full documentation of all contracts, pending payments, and financial arrangements.
A key question is whether to compensate the agent for assisting with estate settlement matters. If the agent provides significant value, such as contact information for endorsement companies or negotiating final payments with teams, some executors offer a final commission or consulting fee. This should be documented in writing.
The executor should distinguish between the agent's representation function (which has ended) and the agent's information and coordination function (which can continue). The agent cannot negotiate new endorsement deals or represent the athlete to league or media entities. The agent can provide historical information and facilitate introductions to settlement counterparties.
Conversely, some executors prefer to cleanly separate from the agent and gather documents independently. This decision depends on the executor's comfort level with the agent and confidence in finding necessary documentation. If the athlete's estate is complex and the agent has deep relationships with relevant parties, continued engagement is often practical.
Multi-State Tax and Domicile Issues
Professional athletes frequently maintain residences in multiple states. An NFL player might own a primary home in the state where his team is headquartered, an off-season home in another state, and perhaps property investments in a third state. This creates multi-state estate and income tax complexity.
North Carolina imposes state income tax on residents and part-year residents. The definition of residency for NC tax purposes is important: a person is an NC resident if they maintain a home in NC and intend to make NC their primary domicile. If the athlete maintained a permanent home in NC and spent significant time there during the year, they're taxed as an NC resident on all income.
A professional athlete who played for the Carolina Panthers and owned a primary residence in Charlotte would be taxed as an NC resident on all income, including income generated while playing in other states. This is broader than some other states, which use a "source income" approach that only taxes income earned within the state.
The executor must determine the athlete's domicile at death. This affects:
- Which state probates the will
- Which states assess estate or inheritance taxes
- How much final income tax is owed to each state
- Whether the estate must file multi-state returns
If the athlete was an NC resident, the estate should file NC probate. If the athlete had significant property in other states, ancillary probate may be necessary in those states as well.
Income taxes present a particularly complex issue. The athlete's final year income must be reported to every state where they earned income or were resident. If the athlete died in October and had earned nine months of NFL salary, bonuses, and endorsement income, the estate owes income tax to every state on the proportionate share of income earned during the residence period.
Additionally, the estate must determine whether the athlete owed estimated taxes for the final quarter. If income was substantial, estimated tax payments might have been required. The executor should consult with a tax professional experienced in professional athlete tax matters to ensure all state tax obligations are met.
How Professional Athlete Estates Differ from High-Net-Worth Settlements
Athlete estates share many characteristics with other high-net-worth estate planning scenarios, but the timing, complexity, and specialized knowledge requirements are more acute. A high-net-worth physician or business executive typically accumulates wealth through business equity, investment portfolios, and real property. An athlete accumulates wealth through earned income that's heavily time-dependent and contractually structured.
The result is that athlete estates have a much shorter window for value preservation. A business owner can take months to settle an estate without significant financial impact. An athlete's endorsement contracts and pension benefits have hard deadlines measured in weeks. Missing these deadlines costs the family real money.
Additionally, athlete estates often involve intellectual property valuation components that require specialized expertise. The executor of a standard high-net-worth estate may never need to license publicity rights or negotiate image licensing agreements. Athlete estate executors frequently do.
The intersection of sports law, contract law, intellectual property law, tax law, and probate law creates a complex settlement environment that requires coordinated expertise. This is one reason executors benefit from working with professionals who understand both estate settlement and sports industry practices.
FAQ
Q: What happens to an athlete's endorsement contracts when they die?
A: Most endorsement contracts terminate immediately upon death because they're predicated on the athlete's personal participation and celebrity. However, the executor should review each contract for specific termination provisions. Some contracts provide for final payments accrued through the date of death. Others might permit post-mortem use of the athlete's image for a limited period. Typically, the executor must notify the endorsement company within 30 days to claim any amounts owed and prevent forfeiture.
Q: Can the athlete's image and likeness continue to generate income after death?
A: Yes. North Carolina law protects publicity rights for fifty years after death. The estate can license the athlete's image, name, and likeness to broadcasters, video game companies, merchandise manufacturers, and other commercial users. This requires identifying existing licensing arrangements and potentially establishing new ones. Some athletes had already set up entities to manage image rights, simplifying the executor's task. Others leave no structure, requiring the executor to create one.
Q: Do league pension benefits automatically go to the family, or must the estate probate them?
A: League pensions typically pass directly to designated beneficiaries outside probate, similar to life insurance. However, the beneficiary must file a claim with the pension plan administrator within 60-90 days of death. If no beneficiary is designated, or if the designated beneficiary is deceased, the pension proceeds go to the estate. The executor should contact the relevant union (NFLPA, NBPA, MLBPA) immediately to verify beneficiary designation and submit claims.
Q: What happens to NIL agreements when a college athlete dies?
A: Most NIL agreements are short-term and terminate upon the athlete's death or inability to fulfill obligations. The brand or collective typically stops payment. However, the executor should review specific contracts for any residual revenue rights or post-termination revenue streams. If the athlete established an LLC to manage NIL rights, the executor must determine whether the LLC holds any ongoing interests or contracts. The NIL legal landscape is still developing, so novel situations may require specialized legal guidance.
Q: How does CTE affect estate settlement and will validity?
A: If the athlete had CTE-related cognitive decline, questions might arise about the validity of estate planning documents created during decline. The executor should gather medical records and evaluate the athlete's mental state at the time documents were executed. If the will was executed before cognitive decline, it's presumed valid. If executed during suspected decline, it might be challenged. Additionally, if the athlete expressed wishes about brain donation, the executor should facilitate this with medical professionals.
How Afterpath Helps
Settling a professional athlete's estate involves tracking specialized assets, coordinating with multiple stakeholders, and meeting compressed deadlines. The complexity compounds when the executor is grieving and overwhelmed.
Afterpath Pro is designed to help executors manage these multi-dimensional estates methodically. You can log all contracts, deadlines, and beneficiary details in one place. You can track which endorsement companies have been notified, which pension claims have been filed, and which image licensing opportunities are under negotiation.
Afterpath helps you:
- Organize all contracts and agreements in one system, making it easy to identify termination clauses, beneficiary designations, and claim deadlines.
- Track beneficiary designations and claims across pension plans, insurance policies, and union benefits, ensuring nothing falls through the cracks.
- Coordinate with sports agents, teams, and companies by maintaining a clear record of notifications sent, responses received, and settlement status.
- Manage deadlines explicitly, alerting you when pension claims, endorsement contract settlements, or tax filings come due.
- Calculate asset values across endorsement income, deferred compensation, pension survivor benefits, and image licensing opportunities.
- Coordinate multi-state tax filings by organizing income sources and properties across jurisdictions.
Professional athlete estates are complex, time-sensitive, and often financially significant. Afterpath removes the administrative burden, ensuring nothing is missed and every dollar of value flows to the family it's intended for.
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