HomeMy WebLinkAbout83-50
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-50
being a by-law to authorize the execution
of a Lease Agreement between the Corporation
of the Town of Newcastle and Matthews and
Hill Insurance Agency Limited
The Council of the Corporation of the Town of Newcastle
HEREBY ENACTS AS FOLLOWS:
THAT the Mayor and Clerk are hereby authorized to execute on behalf
of the Corporation of the Town of Newcastle and seal with the Corporation
Seal, a Lease Agreement between Matthews and Hill Insurance Agency
Limited and The Corporation, for the premises known as The Orono
Hydro Electric Building, Orono, Ontario, dated the Twenty-Fifth day
of February 1983, which is attached hereto as Schedule IIAII.
By-law read a first and second time this 28th day of March 1983.
By-law read a third and final time this 28th day of March 1983.
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Seal
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tfl1e NO.--.I.Ct.,._J'l_:JyJ_____J
~ "If'
Co~~ercial Lease.
O)'e & Durham limited. Toronto
P,inten to the legol P,oles"on
Form 650-656
Cop)'rl.h! 190~. Dyo " Durham LImited
.
1this ~ndcnturc
made the 25th
one thousand nine hundred and
day of
eighty-three.
In ~ursuante of tbe &bort jf orms of 'l.eases ~d
February,
1Setween
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Lessor"
OF THE FIRST PART
- and -
MATTHEWS AND HILL INSURANCE BROKERS LIMIT.ED
.
.
hereinafter called the "Lessee"
OF THE SECOND PART
Premia..
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and performed, the said
Lessor has demised and leased and by these presents doth demise and lease unto the said Lessee
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
and described as a portion of the Orono Hydro Electric Building
shown in red on schedule attached hereto.
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TO HAVE AND TO HOLD the said demised premises for and during the term of
to be computed from the Is t day of March
and from thenceforth ensuing and to be fully completed and ended on the 31 s t
day of December, 19 84
19 83
Rental
hereby grant, he said Lessor, the sum of
per annum, payable at par at
each in the
~ay of each and every month during the said
day of
in equal monthly instalments of
Bume..
Tan.
AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by reason of their occupancy of the premises hereby demised;
y;lv I By-law No.______B.:-5.IL_.1
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Page 2(a)
YIELDING AND PAYING THEREFORE during the months of March,
April, May, June, July, August, September, October, November
and December in the year 1983 the sum of $325.00 each in
advance on the 1st day of each and every month during the
said term, the first payment to be made on the 1st day of
March, 1983; and thereafter during the months of January,
February, March, April, May, June, July, August, September,
October, November and December, 1984 the sum of $364.00
each in advance on the 1st day of each and every month during
the said term.
The Lessee covenants with the said Lessor to pay rent.
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0(" t. OVd'lUI1l lH?ltI~tl
Form fji,O.tj:"dj
Repair
(~IlO>;illht I:ICI. D)'I! .~ Hurl.Am l..tmJrnJ
AlSignmenl
BusinelS
Fixtures
Electric
Power
Alterations.
Partitions.
Etc.
Bankruptcy
or
Insolvency
Rules and
Regulations
Remodelling
and Sale
, AND to repair (reasonable wear and tear, and damage hy fire, lightning and tempest only
excepted) ;
AND that the said Lessor may enter and view state 0' repair;
AND that the said Lessee will repair accordin~ to not ire in writinl{ (rc:lsonable wear and
tear and da;nage by fire, lightning anel tempest exceptcd);
ANn that they will leave the premises in !-:ond I'l'pair (l'('asonabh' \\'car and tcar and
damage hy firc, lightning and tempest only excepted);
AN)) will not assign (\r sub.let the whole or any pari of the demised premises withou,t leave;
thc Lessee hereb\' waives and renounces the benefit of any present or future act of the Legislature
lIf Ontario whicl~ would allow the Lessee to assign or sub.let this lease, without leave of the Lessor.
AND the said Lessce covenants with the said Lessor, its successors and assigns:
\ a) THA T the said demised premises will not, during the said terlll, he at any time used for any
other purposc than that of
(b) AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary course
of business, be removed from the demised premises during the term hereby demised or at any time
thereafter without the written consent oC the Lessor, its successors or assigns, being first had and
obtained, until all rent in anears as well as all rent to become due during the remainder oC the term
hereby granted shall have been fully paid, or the payment thereof secured to the satisfaction oC the
Lessor or its assigns.
(c) THA T the Lessee will not, during the said term or at any time prior or subsequent thereto,
purchase, acquire or use an)' electric current Cor lighting or other purposes except from the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
the said building; the intention being that without the wrillen consent of the Lessor, there shall be
only one system of electric lighting in the said building.
(~~---+W4~~~.~~"~~~~~~~~~~cl~~~~~~~~~~~~~~~
at'I& ~ft5-t15ed-8y-~& ~S&ee-iR> 4~pFaA'1icas-
(e) THA T if the Lessee shall during the said term desire to affix or erect partitions, counters
or fixtures in any part of the walls, floors or ceilings of the demised premises, it may do so at its own
expeme at any time and from time to time provided that the Lessee's rights to make such alterations
to the demised premises shall be subject to the Collowing conditions:-
( 1) THAT before undertaking any such alterations, the Lessee shall submit to the Lessor a
plan showing the proposed alterations and shall obtain the appl'Oval and consent oC the
Lessor to the same.
(2) THAT all such alterations shall conform to all buildin~ by.laws, if any, then in Coree
affecting the demised premises.
(3) THAT such alterations will not be of such kind or extent as to in any manner weaken the
structure of the building aCter the alterations are completed or reduce the value oC the
building.
(C) THAT, except as herein provided the Lessee will not erect or affix or remove or change
the location or style oC any partitIons or fixtures, without the written consent oC the Lessor being
first had and obtained.
(g) THAT, at the expiration oC the term hereby granted, or any renewal thereoC, all fixtures
belonging to the Lessee shall remain upon the demised premises until taken down by the Lessor,
and the Lessee shall Corthwith, upon the same being taken down, remove the same Crom the
demised premises first paying to the Lessor the expense oC such taking down and making good all
damage occasioned to the demised premises by the taking down or removal thereof,
(h) THAT, if the term hereby granted or the goods and chattels of the Lessee 01' any assignee
or sub-tenant shall be at any time seized or taken in execution or attachment, or iC the Lessee or
any such assignee or sub-tenant shall make an assignment for the benefit oC creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent oC the
Lessor being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect oC goods
on the premises, or being a company shall become subject to any legislative enactment relating to
liquidation or winding up, either voluntary or compulsory, the said term shall immediately become
forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once
due and payable.
(i) THA T the Lessee and its clerks, servants and agents will at all times during the occupancy
of the demised premises observe and conform to such reasonable rules and regulations as shall be
made by the Lessor from time to time including- the rules and regulations set forth in Schedule "A"
hereto and of which the Lessee shall be notified, such rules and regulations being deemed to be
incorporated in and Corm part of these presents.
(j ) THAT, in the event of the Lessor desiring at any time durinf,t the term, or any renewal
thereof, to remodel the said building, or any part thereof, or to take down the said building, the
Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of
the term, if any, then yet to come and unexpired, as from the day mentioned in such notice, and
wil1, subject ne\'ertheless to the provisions hereinbefore contained thereupon, vacate the premises
and yield up to the Lessor the peaceable possession thereof. IT IS UNDERSTOOD that the said
six months' notice need not expire at the end oC any year or at the end oC any month, and in the
event oC the day fixed Cor termination oC the lease expiring on some other day than the las1 day of
a month, the rent Cor such month shall be apportioned Cor the broken period.
IT IS AGREED between the Parties hereto that in the event oC a sale oC the said premises
or if the said premises be expropriated or condemned by any Department of the Federal, Provincial
Commercial Lease-Page 3.
Copyrl.bl leu. Dr. " Durham Llmllod
Dye & Durham limited
Form 6r,O.6r.t
.
Protecti.e
lnatallalions
Di.tre..
Tax.. and
Rat..
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Heating
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Acce..
Voidance 01
Lease
Vacant or
Improper
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or Municipal Governments then the Lessor shall have the right notwithstanding anything herein
contained to terminate this lease upon giving three months' notice in writing to the Lessee of his
intention so to do or by paying the said Lessee a bonus of three months' rent, in which latter
event, the Lessee undertakes to vacate the said premises at the expiration of thirty (30) days from
the delivery of such notice.
THE LESSEE agrees to pay the cost of any installations, additions, or alterations to the
said premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessees, for the
security and protection of the Lessee and his employees and his or their effects including but not
so as to limit the foregoing installations, additions and alterations for fire and, theft protection and
all such installations, additions, or alterations shall forthwith become the property of the Lessor.
AND the Lessee further covenants, promises and agrees with the Lessor that notwith.
standing any present or future Act of the Legislature of the Province of Ontario, none of the goods
or chattels of the Lessee at any time during the continuance of the term hereby created on the said
demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as provided
for by the said Section of said Act, and that upon any claim being made for such exemption by the
Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an
estoppel against the Lessee in any action brought to test the right to the levying upon any such goods
as are named exempted in the said Section, the Lessee waiving as he hereby does all and every
benefit that could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant.
The Lessor covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
(a) To pay all taxes and rates, municipal, parliamentary or otherwise, including water rates
for the normal supply of cold water to the said premises, assessed a~ainst the demised premises of
the Lessor or Lessee on account thereof saving and excepting any business taxes and taxes upon
personal property or income of the Lessee, license fees, or other taxes imposed upon the property,
business or income of the Lessee;
PROVIDED THAT;
(i) IN THE EVENT of the Lessee being assessed as a S'eparate School Supporter, and by
reason thereof the amount of the taxes payable on the said premises being increased over
the amount payable on an assessment as a Public School Supporter, then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand being made therefor in writing by the Lessor. It is understood and
agreed that such increase shall be payable by the Lessee notwithstanding the fact that at
the time such demand is made, the Lessee may have ceased to be a tenant of the Lessor,
In the event of the Lessee failing to pay to the Lessor the amount of such increase upon
demand as, herein provided, then the Lessor shall have the same rights and remedies for
collection thereof as for the rent in arrears.
(ii) THE LESSEE covenants and agrees to and with the Lessor that if there shall be an
increase in municipal taxes payable by the landlord over the amount shown by the
immediately last tax bill issued by the municipality in which the demised premises are
situate prior to the date of this lease the Lessee will pay any such increase apportioned
over the term of the within lease and the renewal (if any) hereinbefore provided and that
any such increase in municipal taxes shall be deemed to be part of the rent reserved here-
under and all the remedies available to the Lessor relating to rent both hereunder and at
law shall apply, mutatis mutandis, thereto.
(b) To heat the said premises between the 15th day of October and the 1st day of May next
ensuing in each year in such manner as to keep the said premises at a reasonable temperature for
the reasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs, and in case the boilers, engines, pipes, or other apparatus or any of them used in effecting
the heating of the said demised premises shall at any time become incapable of heating said
premises as aforesaid, or be damaged or destroyed, to repair said damage or replace said boilers,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating
apparatus therefor within a reasonable time, provided, however, that the Lessor shall not be liable
for indirect or consequential damages for personal discomfort" or illness arising from any default
'Of the Lessor;
(c) To give the Lessee, his agents, clerks, servants and all persons transacting business with the
Lessee, in common with other persons, the right to enter the demised premises by means of the
main entrance on
and free use of the stairway and passages from the street to the said premises at all reasonable
times, subject to rules and regulations in regard to the said building as may be passed from time
to time.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance
of covenants.
IT IS FURTHER DECLARED AND AGREED that in case the said premises or any
part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by
any other person or persons, or for any other purpose than as above provided, without the written
consent of the Lessor, this lease shall, at the option of the Lessor, cease and be void, and the term
hereby created expire :lnd be at an end, anything hereinbefore to the contrary notwithstanding
and the proportionate part of the current rent shall thereupon become immediately due and
payable, and the Lessor may re-enter and take possession of the premises as though the Lessee
or other occupant or occupants of said premises were holding over after the expiration of ,the term;
or in such case instead of determining this lease as aforesaid and re-entering upon the demised
premises, the Lessor may take possession of the demised premises, or any part or parts thereof, and
let and manage. the same and grant any lease or leases thereof upon such terms as to the Lessor
or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental
.
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Copyrl.ht 1901. Ore I< Durham Limited
l'.Jl'fl'lI,,;.,.!,;,I,
Water and
Gas DCIDlage
Risks 01
InJury
Notice of
Accident
Insurance
Business
not to be a
Nuisance
Sign
Elevator
Water
Plate
Gla..
Fire
which shall become payable in respect there?f, and apply the. said rentals, after deduct!ng all
expenses incurred in conne~ti?n with the denlls:d premises and In the collection of the said ~ent
including reasonable commiSSion for the coIlectlon thereof and .the m,anagement of the demised
premises, upon the rent hereby reserved, and the Lessor and ItS assigns and every such agent
acting as aforesaid from time to time, shall in so acting be the agents of the Lessee, who alone shall
be responsible for their acts, and the. Lessor ~nd its assigns shall not b<: ~ccountable for any moneys
except those actually received, notwlthstandmg any act, neglect, omiSSion or default or any such
agent acting as aforesaid.
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any ti~e upon the demised premises arisin~ froI? ~as,
steam water rain or snow, which may leak into, Issue or flow from any part of the said bUlldmg,
or fro'm the gas water steam or drainage pipes or plumbing works of the same or from any other
place or quarte; or fo/any damage caused by or attributable to the condition or arrangement of any
electric or other wires in the said building.
The Lessee shall be liable for any damage done by reason of water being left running
from the taps in the demised premises or from gas permitted to escape therein.
AND the Lessor shall not be responsible for any personal injury which shall be sustained
by the Lessee or any employee, customer, or other person who may be upon the demised premises
or in the said building or the entrances or appurtenances thereto, All risks of any such injury
being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom.
THE Lessee shall give the Lessor prompt written notice of any accident 01' other defect in
the sprinkler system, water pipes, gas pipes or heating apparatus, telephone, electric or other wires
on any part of the premises.
THE Lessee covenants with the said Lessor that his said business to be so carried on in the
said building will not be of such a nature as to increase the insurance risk on the said premises or
cause the Lessor to pay an increased rate of insurance premiums on the said premises by reason
thereof and it is distinctly understood that in case said business so carried on by the Lessee is or
becomes of such a nature to increase the insurance risk or causes the Lessor and/or other occupants
of the said building to pay an increased rate of insurance premiums, that the Lessee will from time
to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and
other occupants of the said building have to pay in consequence thereof; provided that the Lessee
covenants that he will not carry on or permit to be carried on any business in the said building which
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building,
PROVIDED that the Lessee will not do or permit anything to be done on the said
premises or pennit or keep anything therein which may be annoying to the Lessor or other
occupants of the said buildmg or which the said Lessor may deem to be a nuisance and that no
machinery shall be used therein which shall cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably complaining
that any machinery or operation or process is a nuisance to it or them or which causes any undue
vibration or noise in the said premises, that upon receiving notice thereof, the said Lessee will
immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the
rights of the Lessor or other occupants of the said building or in any way injure or annoy them
or conflict with any of the rule and regulations of the Board of Health or with any Statute or
municipal by.law.
AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and the said
Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee
on any part of the outside or inside of the building whatever, unless of such manner, color, size and
style and in such places upon or in said building as shall be first designated by' the Lessor, and,
furthennore, the Lessee, on ceasing to be Lessee of the demised premises, will, before removing
his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or
obliterated at his own expense and in a workmanlike manner to the satisfaction of the Lessor.
THE Lessor undertakes to maintain elevators in said building which are to be run during
the ordinary business hours of every business day of the year, but not during public holidays or
Sundays, except at the option of the Lessor, The Lessee shall, subject to the Lessor's rules and
regulations, have free use of such elevators in common with others lawfully using the same, but the
Lessee and its employees and all other persons using any such elevator shall do so at its, his, her
or their sole risk, and under no circumstances shall the Lessor be held responsible for any damage
or injury happening to any person whilst using such elevator, or occasioned to any person
by such elevator or any appurtenances and whether such damage or injury shall happen by reason
of the act, omission or negligence or otherwise of the Lessor, or any of its employees, servants,
agents or otherwise howsoever,
THE Lessor agrees to pay for normal water consumed on the said premises but in the
event of any abnonnal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the
installation of a water meter at his own expense, if necessary, and further agrees to pay for the
excess water consumed on the said premises.
THE Lessee agrees at his own expense to replace any plate glass or other glass that has
been broken or removed during the term of the within lease or of any renewal thereof and will
during the said term keep the plate glass fully insured in some company approved by the Lessor,
PROVIDED that if during the term herein or any renewal thereof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shall apply:
(a) If the demised premises shall be so badly injured as to be unfit for occupancy, and as to
be incapable of being repaired with reasonable diligence within one hundred and twenty days of the
happening of such injury, then the term hereby granted shall cease ana be at an end to all intents
.
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Commercial Lease-Page 5.
"Copyrlaht I9Gl. Dl'e ... Durham Limited
Dye Ci. Durham Limited
Form 650.6,~6
No Abatement
alRent
Right to
Show
Premile.
Notices
Over
Holding
and purposes from the date of such damage o~ destructi?n, and the Lessee shaH immediately surren.der
the same, and yield up possession .of the demised premises to the Lessor, and the rent from the time
of such surrender shaH be apportIOned; . . . .,
(b) If the demised premises shall be capable, With reasonable dilIgence, of bemg r,epaJred and
rendered- fit for occupancy within one hundred and twenty days from the happenmg of such
injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for
occupancy, then the rent hereby reserved shaH not run or accrue after such injury, or while the
process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and
the rent shaH recommence immediately after such repairs shaH be completed.
(c) If the demised premises shaH be repaired within one hundred and twenty days as aforesaid,
and if the damage is such that the said premises are capable of being partially used, then until such
damage shaH have been repaired, the rent shall abate in the proportion that the part of the demised
premises rendered unfit for occupancy bears to the whole of the demised premises.
THERE shaH be no abatement from or reduction of the rent due hereunder, nor shaH the
Lessee be entitled to damages, losses, costs or disbursements from the Lessor during the term hereby
created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial or
temporary failure or stoppage of heat, light, elevator, live steam or plumbing service in or to the
.aid premises or building, whether due to acts of God, strikes, accidents, the making of alterations,
repairs, renewals, improvements, structural changes to the said premises or buildings or the equipment
or systems supplying the said services, or from any cause whatsoever; provided that the said failure
or stoppage be remedied within a reasonable time.
THAT the Lessee will permit the Lessor to exhibi t the demised premises during the last
three months of the term to any prospective tenant and will permit all persons having written
authority therefor to view the said premises at aH reasonable hours.
THAT any notice which either of the parties is required or permitted to give pursuant
to any provision of this lease may, if intended for the Lessee, be given by a writing left at the
demised premises or mailed by registered mail addressed to the Lessee at the demised premises,
and if intended for the Lessor by a writing left at the premises of the Lessor at
or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice
shaH be deemed to have been given at the time it was delivered or mailed, as the case may be.
PROVIDED further and it is hereby agreed that should the Lessee hold over after the
expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shaH
hold the said premises as a monthly tenant only of the Lessors but subject in aH other respects
to the terms and conditions of this lease,
The words importing the singular number only shaH include the plural, and vice versa, and
words importing the masculine gender shall include the feminine gender, and words importing
persons shall include firms and corporations and vice versa.
Unless the context otherwise required, the word "Lessor" and the word "Lessee"
wherever used herein shall be construed to include and shaH mean the executors, administrators
succe"ssors and/or assigns of the said Lessor and Lessee, respectively, and when there are two or mor~
Lessees bound by the same covenants here,in contained, their obligations shall be joint and several.
The Les'see ~h.a.ll be enti tIed to the use of one parking space
in the public parking lot between the Orono Town Hall and the
demised premises free of charge provided that the Lessee, its
servants, agents or customers shall not park in any manner to
impede any person or persons desiring to park in the parking
lot during the course of regular business hours.
The Lessee shall not permit any person or persons to gain
access through the demised premises to any portion of the
building of which the demised premises form a part.
3Jn 8.itnt.5.5 8.bereof the parties hereto have executed these presents,
SIGNED, SEALED and DELIVERED THE TOWN OF
In the presence of
cis
Clerk)
MATTHEWS AND HILL INSURANCE BROKERS
LIMITED
HJ/~
Per:
cis
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DATED February 25th
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1983
.
THE CORPORATION OF THE TOWN OF
NEWCASTLE
- and -
MATTHEWS AND HILL INSURANCE
BROKERS LIMITED
COMMERCIAL LEASE
Sims, Brady & McInerney
Barristers & Solicitors
117 King Street
Whitby, Ontario
LIN 4ZI
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