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This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer. Please contact me at Jim Butler at jbutler@jmbm.com or 310.201.3526.

« March 2009 | | May 2009 »
Posted On: April 28, 2009 by the JMBM Global Hospitality Group®

Hospitality Lawyers: Swine Flu's legal implications

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
28 April 2009

Hospitality Lawyers on Innkeepers' legal duties in dealing with Swine Flu and other infectious diseases. There is a lot of great information available about what Swine Flu is, how it is caused, and precautions people should take to avoid becoming infected. But there is very little guidance so far telling lodging operators what the legal and liability questions that apply to their operations.

That is why I turned to Jim Abrams, a valued senior member of JMBM's Global Hospitality Group® and former President and CEO of the California Hotel & Lodging Association, for some help.

What are the legal ramifications of refusing guests who may appear ill or who have come from Mexico? What are the liabilities that an employer might face for not training and protecting employees? What practical steps should hoteliers be taking to deal with the outbreak? Here is what Jim told me.

Continue reading " Hospitality Lawyers: Swine Flu's legal implications " »

Posted In: Ask the Hotel Lawyer™

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Posted On: April 27, 2009 by the JMBM Global Hospitality Group®

More information about the World Health Organization "Phase 4" rating on the threat of a flu pandemic

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
27 April 2009

Hotel Lawyer with more information about the World Health Organization upgrade to "Phase 4" (on a 6 phase system) of the threat of a flu pandemic.

Today I received more reader comments on swine flu blog than I have for a long time. Clearly, blog readers are concerned about the swine flu catching the headlines. And after concern about health and safety issues, the potential implications of a "flu pandemic" are severe for the economy, and particularly, the travel and lodging industry. This was discussed in the article earlier today entitled Swine flu or SARS 2?

One of the bullet points in the cited article noted that the World Health Organization or WHO had increased its rating for the seriousness of this threat by a full notch to "phase 4." In answer to your questions, here's what that means.

Continue reading " More information about the World Health Organization "Phase 4" rating on the threat of a flu pandemic " »

Posted In: Ask the Hotel Lawyer™

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Posted On: April 27, 2009 by the JMBM Global Hospitality Group®

Swine flu or SARS 2? Alert from Hotel Lawyers

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
27 April 2009

Hotel Lawyer with breaking concerns over a flu pandemic. International fears of a flu pandemic rose today as the death toll from swine flu in Mexico rose to 149. Cases have also been reported in the United States, Canada, Spain and New Zealand. What does this mean for the lodging industry and the economy?

Continue reading " Swine flu or SARS 2? Alert from Hotel Lawyers " »

Posted In: Ask the Hotel Lawyer™

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Posted On: April 26, 2009 by the JMBM Global Hospitality Group®

Green Hotel Lawyer: Green Hotel economics 202 B. New study finds 31% price premium for green buildings.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com

26 April 2009

Hotel Lawyers with a serious new study documenting pricing premiums for GREEN hotels. At least for new construction, properly planned from the outset, there is little or no additional cost for building to LEED certification standards (for example, see my Cornell Hospitality Quarterly article entitled "The Compelling Hard Case for Green Hotel Development.").

Even the myth that luxury hotels cannot be sustainable has been shattered with beautiful luxury hotels gaining LEED certification, like Montage Beverly Hills recent award of LEED Gold certification.

And just a few days ago, my friend Meng Li, a LEED AP whom I met through JMBM's 2008 Hotel Developers Conference, sent me a copy of a new study published by two professors at the University of Reading, documenting a very strong economic premium in both rental income and asset prices (sales price) for green buildings based upon data from 553 green projects. The numbers may even amaze you (more than a 31% value premium).

Continue reading " Green Hotel Lawyer: Green Hotel economics 202 B. New study finds 31% price premium for green buildings. " »

Posted In: Green Hotels

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Posted On: April 25, 2009 by the JMBM Global Hospitality Group®

Green Hotel Lawyer: Green Hotel economics 202 A at work in practice. Can anyone still say that Green and Luxury are incompatible?

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group® Hotel Lawyers | Authors of www.HotelLawBlog.com

25 April 2009

Hotel Lawyers with success stories on GREEN hotels. The hotel lawyers in JMBM's Global Hospitality Group® are big believers in "green" hotels. Many industry friends continue asking for the DVDs and great presentation materials from last year's Hotel Developers Conference on green hotel development. Most of these resources are available on www.HotelLawBlog.com under the "TOPIC" of Green Hotels. The events I am reporting on today build on the base of that knowledge and experience, and thus lead us to "Green Hotel economics 202."

As many of you know, we believe that green building is the ECONOMICALLY prudent way to go. That is the entire thesis of my Cornell Hospitality Quarterly article entitled "The Compelling Hard Case for Green Hotel Development."

Still, I was pleasantly surprised when two new items ended up on my desk this week. They are both further demonstration confirming the hard economic value of green development. The first item was the LEED Gold certification awarded to one of my favorite luxury hotels, Montage Beverly Hills under the direction of my friend, Ali Kasikci. The second was a new study published by two professors documenting a very strong economic premium in both rental and value (sales price) for green buildings based upon data from 553 green projects. The numbers may even amaze you (more than a 31% value premium). But that is a story for the next blog . . .

Continue reading " Green Hotel Lawyer: Green Hotel economics 202 A at work in practice. Can anyone still say that Green and Luxury are incompatible? " »

Posted In: Green Hotels

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Posted On: April 21, 2009 by the JMBM Global Hospitality Group®

Ask the Hotel Lawyer: Investor surveys -- some results that may surprise you!

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 April 2009

Hotel Lawyer with the latest PKF Consulting and JMBM survey results.

As I was getting ready to publish JMBM's latest survey, I received an email from our friends at PKF Consulting with their 2009 Hospitality Investment Survey. The results of both surveys are interesting for different reasons. Here they are.

Continue reading " Ask the Hotel Lawyer: Investor surveys -- some results that may surprise you! " »

Posted In: Ask the Hotel Lawyer™

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Posted On: April 21, 2009 by the JMBM Global Hospitality Group®

Hotel Bankruptcy issues -- Special Purpose Entities getting approval to file bankruptcy.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
21 April 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hospitality Lawyer: Distressed hotel loan bankruptcies and restructurings are on the rise. Now we are starting to see some new issues tested. As The Great Recession of 2008 continues to set record unemployment levels and send shockwaves through the economy, hotel bankruptcies are on the rise. Sure a lot of lenders are tending to extend maturities, work out forbearance restructurings or go for uncontested receiverships, but we are starting to see some bankruptcy filings as well.

And just as the economy is in "uncharted waters," some loan structuring terms or approaches that were developed in the 1990s have not been fully tested, if at all, by a severe downturn or serious litigation. One of those devices that has been quite popular is the use of a "special purpose entity" or SPE.

Continue reading " Hotel Bankruptcy issues -- Special Purpose Entities getting approval to file bankruptcy. " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: April 19, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Nutrition disclosure laws. The latest in California.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
19 April 2009

Hotel Lawyer: "I am from the government and I am here to help you . . ."

As the old joke goes, this was one of the three biggest lies (along with "the check is in the mail" and "that's my Porsche and I own it."). But however you view it, the government is certainly taking a bigger role in all our lives. Part of the latest regulation requires nutritional information to be provided to customers of hotels and restaurants. Here is the latest from our Jim Abrams.


Continue reading " Hotel Lawyer: Nutrition disclosure laws. The latest in California. " »

Posted In: Outlook and Trends

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Posted On: April 16, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Live, love and know your CMBS Special Servicer. Why no one may be more important for you to know all about right now -- in survival or "treasure hunting"

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
16 April 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hotel Lawyer with the latest data on commercial real estate loan maturities and some important implications -- Why you need to know all about CMBS Special Servicers and how to meet them!

My friend, Michael Murray at MBA Newslink, published a story this morning with some startling numbers. According to the Mortgage Bankers Association (or MBA), $90.5 billion of CMBS debt comes due this year! And that is only part of the story.

Continue reading " Hotel Lawyer: Live, love and know your CMBS Special Servicer. Why no one may be more important for you to know all about right now -- in survival or "treasure hunting" " »

Posted In: Meet the Money® , Workouts, Bankruptcies & Receiverships

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Posted On: April 15, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer on the Gridlock: Can it be unlocked? Holy Zoley! How do you cope with a complete paradigm shift in the hotel industry?

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 April 2009

Hotel Lawyer with questions, and perhaps some guidance, on how we make this all work. Today, the Fed announced that for the first time in 50 years, the US economy has experienced deflation. According to the Wall Street Journal, the Labor Department reported that the March consumer-price index slipped 0.4% below its year-earlier level -- the first decline in more than 50 years.

Continue reading " Hotel Lawyer on the Gridlock: Can it be unlocked? Holy Zoley! How do you cope with a complete paradigm shift in the hotel industry? " »

Posted In: Hotel Finance − Hotel Debt & Hotel Equity , Meet the Money®

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Posted On: April 14, 2009 by the JMBM Global Hospitality Group®

Hotel receiverships, bankruptcies and restructurings for distressed hotels and hotel loans: Helping BORROWERS create value with distressed hotels to accomplish their objectives in the middle of The Great Recession of 2008

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
14 April 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hotel Lawyer: Hotel borrower dilemma: the note is in default or coming due. Do you fight the land war in Asia or find a way to make love (not war)? This is the first article in a series of two about how lenders and borrowers need to work outside the box to accomplish their objectives in this down market. Today's article focuses on the borrower perspective, and the next one will be on the lender perspective. I encourage lenders to read this article, and borrowers to read the lender article. There is a win-win here for many players. We have some ideas you may never have considered before.

Continue reading " Hotel receiverships, bankruptcies and restructurings for distressed hotels and hotel loans: Helping BORROWERS create value with distressed hotels to accomplish their objectives in the middle of The Great Recession of 2008 " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: April 6, 2009 by the JMBM Global Hospitality Group®

Ask the Hotel Lawyer™: Hotel executives today and the "bedbug letter" . . . Who's the "idiot"? You be the judge.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
6 April 2009

Ask the Hotel Lawyer™: What can we learn from the bedbug story? Bedbugs have plagued the hospitality industry for centuries and seem to be making a resurgence.

But there is an iconic story about a "bedbug letter" which is also instructive on the importance of treating people with respect and dignity, and the embarrassment (and financial costs) "important people" can cause to their colleagues and their companies when they forget these lessons.

Here's the story, as told by Hotel Lawyer Robert Braun for www.HotelLawBlog.com readers, and a real life lesson from last week.

Continue reading " Ask the Hotel Lawyer™: Hotel executives today and the "bedbug letter" . . . Who's the "idiot"? You be the judge. " »

Posted In: Outlook and Trends

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Posted On: April 2, 2009 by the JMBM Global Hospitality Group®

Ask the Hotel Lawyer: Hotel bankruptcy trump card. Terminating hotel management agreements without liability -- the alchemy of lead to gold for troubled hotels and hotel loans?

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
2 April 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

How do you terminate a long-term hotel management agreement or HMA? The hotel bankruptcy trump card. This is an increasingly popular question regularly put to the hotel lawyers of JMBM's Global Hospitality Group®.

Continue reading " Ask the Hotel Lawyer: Hotel bankruptcy trump card. Terminating hotel management agreements without liability -- the alchemy of lead to gold for troubled hotels and hotel loans? " »

Posted In: Global Financial Crisis & Recovery , Hotel Management Agreements , Workouts, Bankruptcies & Receiverships

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« March 2009 | | May 2009 »

About the Authors

Jim Butler

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Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads the Global Hospitality Group®—a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Catherine DeBono Holmes

Catherine DeBono Holmes is a partner in JMBM's Corporate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Cathy assists hotel clients with hotel management and franchise agreements, purchase and sale transactions, and condo hotel regime structuring. She has taken hotel owners through complex RFP processes involving all the major hotel brands. She has significant expertise in condo hotels and advises clients in the specific business and legal aspects of condo hotel regime structuring and documentation, including CC&Rs, HOA docs, unit management agreements, shared facilities agreements, rental management agreement programs and securities compliance matters (structuring, documentation and training). To access Cathy's articles on www.HotelLawBlog.com, click on the topics "Condo Hotels" or "Green Hotels" For more information, please contact Cathy Holmes at 310.201.3553 or cholmes@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is of Counsel in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 300 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.com and select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

James Abrams

James Abrams has significant experience in government affairs at the national level, the state level – including the California Legislature and scores of state agencies – and with local governments and agencies. He has authored successful ballot measures and scores of bills for his clients. Jim served as the President and CEO of the California Hotel & Lodging Association from January 1, 1991 through December 31, 2008 and is currently an adjunct professor in the Hospitality Industry Management Program at the University of San Francisco. He is a frequent speaker and writer on all aspects of the law relating to the lodging and hospitality industries, and he is the author of the book Laws Pertaining to the California Innkeeper, which is published by the California Hotel & Lodging Association. To read Jim’s articles, go to www.HotelLawBlog.com. For more information, please contact Jim Abrams at 415.398.8080 or jabrams@jmbm.com.

Eudeen Chang

Eudeen Chang is a lawyer in the Litigation Department of JMBM's Orange County office and a member of the Global Hospitality Group®. He represents hotels in a variety of litigation matters, including ADA defense. He is well-versed in all aspects of litigation, from pre-lawsuit strategizing to trial, post-judgment collection and through appeal. He also serves as outside general counsel for a number of small and mid-sized companies and high net-worth individuals. Contact Eudeen at EChang@jmbm.com or 949.623.7232.

Victor Shum

Victor Shum is a corporate and securities partner in JMBM's Corporate Department and a member of JMBM's Global Hospitality Group® and Chinese Investment Group™. He has advised clients on EB-5 matters since 1999 andassists hotel developers on EB-5 financing as well as public and privatesecurities, mergers and acquisitions, cross-border issues, and otherstrategic business transactions, including real estate transactions andintellectual property and technology licensing matters. For moreinformation, contact Victor Shum at 415.984.9611 or vshum@jmbm.com.

Scott Brink

Scott Brink is a senior member of JMBM's Global Hospitality Group® anda partner in JMBM's Labor & Employment Law Department. Scott is amanagement labor lawyer with more than two decades of experiencerepresenting employers in all aspects of labor relations and employmentlaw including union prevention, collective bargaining negotiations,defense of unfair labor practice charges before the NLRB, wrongfuldischarge litigation, individual and class action employmentdiscrimination and wage-and-hour claims, sexual-harassment litigation,arbitrations, personnel policies, California wage and hour law, andemployee discipline and discharge. An experienced trial attorney, Scotthas litigated a number of high-profile and complex cases involving awide range of labor and employment law matters. For more information,contact Scott Brink at RSB@jmbm.com or 310.785.5365.

Global Hospitality Group®
1900 Avenue of the Stars
7th Floor
Los Angeles, CA 90067
Direct: (310) 201-3526
Direct Fax: (310) 712-8526
E-mail: jbutler@jmbm.com

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Ask The Hotel Lawyer ™

Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below. Jim Butler.

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