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PRINCIPAL BUILDING AGREEMENT

Organs of State Contract Data

Project:

Employer:

Contractor:

Contract Date:

File Code:

JBCC Edition 6.2 ©May 2018

 The Joint Building Contracts Committee® - NPC
CONTRACT DATA
For use by ORGANS OF STATE and other PUBLIC SECTOR BODIES
Principal Building Agreement
Edition 6.2 - May 2018
JBCC®
The Joint Building Contracts Committee® NPC (JBCC®) is representative of building owners and developers, professional
consultants and general and specialist contractors who contribute their knowledge and experience to the compilation of
the JBCC® documents. The JBCC® documents portray the consensus view of the constituent members and are published
in the interests of standardisation and good practice with an equitable distribution of contractual risk

Application of JBCC® agreements

The definitions contained in the JBCC® Principal Building Agreement apply to this document. A word or phrase in bold type
in the text has the same meaning assigned to it in the definitions of such agreement. Where a word or phrase is not in
bold type it has the meaning consistent with the context of its use

This contract data contains changes made to the JBCC® Principal Building Agreement to suit Organs of State and other
Public Sector Bodies’ requirements, as well as unique requirements applicable to the project and variables referred to in
the JBCC® Principal Building Agreement and the JBCC® General Preliminaries. The information provided in this document
is complete and accurate at the time of calling for tenders. Where additional information becomes available, all tenderers
will be informed in writing. Reference to clause numbers in the JBCC® Principal Building Agreement are shown in [square
brackets] in this contract data eg [3.2.1]. Spaces requiring information must be filled in, or marked as ‘not applicable’ but
not left blank

Where the contractor is appointed, the contract documents comprise the completed and signed Form of Offer and
Acceptance, the signed JBCC® Principal Building Agreement, this completed contract data, the priced document, drawings
and other listed documents

Endorsement of JBCC® agreements

The JBCC® Edition 6.2 agreements have been endorsed by Construction Industry Development Board (CIDB) for use by
Organs of State and other Public Sector Bodies

Warning!
The JBCC® Principal Building Agreement Edition 6.2 has been coordinated with the JBCC® Nominated/Selected
Subcontract Agreement Edition 6.2, the JBCC® General Preliminaries and the JBCC® certificate forms and support
documents. Forms from previous editions are not compatible with the JBCC® Principal Building Agreement Edition 6.2

Persons entering into or preparing contracts using the JBCC® suite of contract agreements and support documents are
warned of the dangers inherent in modifying any part of it

Experience has shown that changes drafted by others, including members of the building professions, often have
unintended results that may be prejudicial to either, or both, parties

Disclaimer
While the JBCC® aims to ensure that its publications represent best practice it does not accept or assume any liability or
responsibility for any events or consequences which derive from the use of JBCC® documents

Copyright reserved
The name ‘The Joint Building Contracts Committee ® NPC’, the abbreviation JBCC®, the electronic version e-JBCC® and
the JBCC® logo are registered trademarks. The JBCC® claims authorship of this work. All rights are reserved. No part of
this publication may be reproduced, stored in any retrieval system or transmitted in any form or by any means, electronic,
mechanical, photocopying, scanning, recording, or otherwise, without the prior permission in writing of the JBCC®.
Unauthorised reproduction of the work is an infringement of the copyright. Judicial proceedings can and will be instituted
to obtain relief and recovery of damages

©Copyright reserved: JBCC® Principal Building Agreement, Edition 6.2 - May 2018 Contract Data – Public Sector
This page does not form part of the JBCC® Principal Building Agreement, Edition - 6.2 May 2018 Contract Data
 Page 1 of 14 pages

A PROJECT INFORMATION
A 1.0 Works [1.1]

Project name

Reference number

Works description

A 2.0 Site [1.1]

Erf / stand number

Township / Suburb

Site address

Local authority

A 3.0 Employer [1.1]

Official Name of Organ of
State / Public Sector Body
Business registration number
VAT/GST number
Country
Employer’s representative:
Name
E-mail Telephone number
Mobile number

Postal address
Postal code

Physical address
Postal code

A 4.0 Principal agent [1.1]

Name
Legal entity of above Contact person
Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

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A 5.0 Agent [1.1; 6.2] Discipline

Name
Legal entity of above Contact person
Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 6.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 7.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 8.0 Agent [1.1; 6.2] Discipline

Name
Legal entity of above Contact person
Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

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A 9.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 10.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 11.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

A 12.0 Agent [1.1; 6.2] Discipline

Name

Legal entity of above Contact person

Practice number Telephone number
Mobile number
Country E-mail

Postal address
Postal code

Physical address
Postal code

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B CONTRACT INFORMATION
B 1.0 Definitions [1.1]
Bills of quantities: System/Method of
measurement

B 2.0 Law, regulations and notices [2.0]

Law applicable to the works, state country
[2.1]

B 3.0 Offer and acceptance [3.0]

Currency applicable to this agreement [3.2]

B 4.0 Documents [5.0]

The original signed agreement is to be held by the principal agent [5.2], if
Employer
not, indicate by whom
Number of copies of construction information issued to the contractor at no
cost [5.6]

Documents comprising the agreement Page numbers

The JBCC® Principal Building Agreement, Edition 6.2 May 2018 1 to 30
The JBCC® Principal Building Agreement - Contract Data for Organs of State
1 to 14
and other Public Sector Bodies, Edition 6.2 May 2018
The JBCC® General Preliminaries for use with the JBCC® Principal Building
1 to 7
Agreement, Edition 6.2 May 2018

Contract drawings – description Number Revision Date

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B 5.0 Employer’s agents [6.0]

Authority is delegated to the following agents to issue contract instructions and perform duties for specific
aspects of the works [6.2]

Principal agent’s and agents’ interest or involvement in the works other than a professional interest [6.3]

B 6.0 Insurances [10.0]

Insurances by employer Amount Deductible amount

including tax including tax
Yes/no?
Contract works insurance:

New works [10.1.1]

(contract sum or amount)
or Works with practical completion in sections [10.2]
(contract sum or amount)
or Works with alterations and additions [10.3]
(reinstatement value of existing structures with or
including new works)
Direct contractors [10.1.1; 10.2] where applicable,
to be included in the contract works insurance
Free issue [10.1.1; 10.2] where applicable, to be
included in the contract works insurance
Escalation, professional fees and reinstatement
costs if not included above
Total of the above contract works insurance amount

Supplementary insurance [10.1.2; 10.2]

Public liability insurance [10.1.3; 10.2]

Removal of lateral support insurance [10.1.4; 10.2]

Other insurances [10.1.5]

Yes/no? If yes, description 1

Yes/no? If yes, description 2

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and/or
Insurances by contractor Amount Deductible amount
including tax including tax
Yes/no?
New works [10.1.1]
(contract sum or amount)
or Works with practical completion in sections [10.2]
(contract sum or amount)
or Works with alterations and additions [10.3]
(reinstatement value of existing structures with or
including new works)
Direct contractors [10.1.1; 10.2] where applicable, to
be included in the contract works insurance
Free issue [10.1.1; 10.2] where applicable, to be
included in the contract works insurance
Escalation, professional fees and reinstatement costs
if not included above
Total of the above contract works insurance amount

Supplementary insurance [10.1.2]

Public liability insurance [10.1.3]

Removal of lateral support insurance [10.1.4]

Other insurances [10.1.5]: Refer B17.0

Yes/no? Yes If yes, description 1

Hi Risk Insurance [10.1.5.1]

Yes/no? If yes, description 2

B 7.0 Obligations of the employer [12.1]

Existing premises will be in use and occupied [12.1.2] Yes/no?

If yes, description

Restriction of working hours [12.1.2] Yes/no?

If yes, description

Natural features and known services to be preserved by the contractor [12.1.3] Yes/no?

If yes, description

Restrictions to the site or areas that the contractor may not occupy [12.1.4] Yes/no?

If yes, description

Supply of free issue [12.1.10] Yes/no?

If yes, description

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B 8.0 Nominated subcontractors [14.0]

Yes/no? If yes, description of specialisation

Specialisation 1
Specialisation 2
Specialisation 3
Specialisation 4
Specialisation 5

B 9.0 Selected subcontractors [15.0]

Yes/no? If yes, description of specialisation

Specialisation 1
Specialisation 2
Specialisation 3
Specialisation 4
Specialisation 5

B 10.0 Direct contractors [16.0]

Yes/no? If yes, description of extent of work

Extent of work [12.1.11]

Extent of work [12.1.11]
Extent of work [12.1.11]
Extent of work [12.1.11]
Extent of work [12.1.11]

B 11.0 Description of sections [20.1]

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section Remainder of the works

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B 12.0 Possession of site [12.1.5], practical completion [19.0; 20.0] and penalty [24.0]
Practical Intended date of Period for inspection by The date for practical Penalty for late
possession of the site the principal agent completion shall be the completion
completion for Refer B17.0 [19.3] period as indicated [24.1]
the works as a [12.1.5; 12.2.22] below from the date of
whole possession of the site
by the contractor
[12.2.7; 24.1]
Penalty amount per
working days Period in months
calendar day (excl. tax)

or where sections are applicable

Practical Intended date of Period for inspection by The date for practical Penalty for late
possession of a section the principal agent completion shall be the completion
completion of a Refer B17.0 [19.3] period as indicated [24.1]
section of the [12.1.5; 12.2.22] below from the date of
works possession of the site by
the contractor
[12.2.7; 24.1]
Penalty amount per
working days Period in months
calendar day (excl. tax)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Remainder of
the works

Criteria to achieve practical completion not covered in the definition of practical completion

B 13.0 Defects liability period [21.0]

Extended defects liability period: Refer B17.0 [21.13] Yes/no?

eg: Electrical reticulation / Air conditioning system / Landscaping
13.1
If yes, description of 13.2
applicable elements 13.3
13.4
13.5
13.6
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B 14.0 Payment [25.0]

Date of month for issue of regular payment
certificates [25.2]
Contract price adjustment / Cost fluctuations
Yes/no?
[25.3.4; 26.9.5]

If yes, method to calculate

Employer shall pay the contractor within:
Twenty-one (21) calendar days
[25.10]

B 15.0 Dispute resolution [30.0]

Adjudication [30.6.1; 30.10]
Name of nominating body
Applicable rules for adjudication [30.6.2]
Arbitration [30.7.4; 30.10] Yes/no? *
If Yes, name of nominating body
* If No, then dispute will be referred to litigation
Applicable rules for arbitration [30.7.5]

B 16.0 JBCC® General Preliminaries - selections

Provisional bills of quantities [P2.2] Yes/no?

Availability of construction information - is the

construction information complete? [P2.3] Yes/no?

Previous work - dimensional accuracy - details of

previous contract(s) [P3.1]

Previous work - defects - details of previous

contract(s) [P3.2]

Inspection of adjoining properties - details [P3.3]

Handover of site in stages - specific requirements

[P4.1]

Enclosure of the works - specific requirements [P4.2]

Geotechnical and other investigations - specific

requirements [P4.3]

Existing premises occupied - details [P4.5]

Services - known - specific requirements [P4.6]

By contractor Yes/no?
Water
By employer Yes/no?
[P8.1]
By employer – metered Yes/no?
By contractor Yes/no?
Electricity By employer Yes/no?
[P8.2]
By employer – metered Yes/no?
Ablution and welfare By contractor Yes/no?
facilities [P8.3] By employer Yes/no?

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Communication facilities - specific requirements

[P8.4]

Protection of the works - specific requirements

[P11.1]

Protection / isolation of existing works and works

occupied in sections - specific requirements [P11.2]

Disturbance - specific requirements [P11.5]

Environmental disturbance - specific requirements

[P11.6]

B 17.0 Changes made to JBCC® documentation

Reference may be made to other documents forming part of this agreement

1.1 Definitions

AGREEMENT: The completed Form of Offer and Acceptance, the completed JBCC® Principal Building
Agreement and JBCC® contract data for organs of state and other public sector bodies, the
contract drawings, the priced document and any other documents reduced to writing and signed by
the authorised representatives of the parties

CONSTRUCTION PERIOD: The period commencing on the date of possession of the site by the
contractor and ending on the date of practical completion

CONTRACT DATA FOR ORGANS OF STATE AND OTHER PUBLIC SECTOR BODIES: The
document listing the Organs of State and other Public Sector Bodies’ requirements and the project
specific information

INTEREST: The interest rates applicable on this contract, whether specifically indicated in the relevant
clauses or not, will be the rate as determined by the Minister of Finance from time to time, in terms of
section 80(1)(b) of the Public Finance Management Act, 1999 (Act No 1 of 1999), calculated as simple
interest, in respect of debts owing to the State, and will be the rate as determined by the Minister of
Justice and Constitutional Development from time to time, in terms of section 1(2) of the Prescribed Rate
of Interest Act, 1975 (Act No 55 of 1975), calculated as simple interest, in respect of debts owing by the
State

PRINCIPAL AGENT: The person or entity appointed by the employer and named in the contract data
for organs of state and other public sector bodies. In the event of a principal agent not being
appointed, then all the duties and obligations of a principal agent as detailed in the agreement shall be
fulfilled by the employer’s representative as named in the contract data for organs of state and other
public sector bodies

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3.0 Offer and Acceptance

Amend 3.3 to read as follows:

This agreement shall come into force on the date as stated on the Form of Offer and Acceptance and
continue to be of force and effect until the end of the latent defects liability period [22.0] notwithstanding
termination [29.0] or the certification of final completion [21.0] and final payment [25.0]

6.0 Employer’s Agents

Add the following as 6.7:

In terms of the clauses listed hereunder, the employer has retained its authority and has not given a
mandate to the principal agent. The employer shall sign all documents in relation to clauses 4.2, 14.1.2,
14.1.4, 14.4.1, 14.6, 23.1, 23.2, 23.3, 23.7, 23.8, 26.1, 26.7, 26.12 and 28.4

9.0 Indemnities

9.2.7: Add the following to the end of the first sentence: “…. due to no fault of the contractor”

10.0 Insurances

Add the following as 10.1.5.1:

Hi Risk Insurance

In the event of the project being executed in a geological area classified as a “High Risk Area”, that is an
area which is subject to highly unstable sub-surface conditions that might result in catastrophic ground
movement evident by sinkhole or doline formation the following will apply:

10.1.5.1.1 Damage to the works

The contractor shall, from the date of possession of the site until the date of the certificate of practical
completion, bear the full risk of and hereby indemnifies and holds harmless the employer against any
damage to and/or destruction of the works consequent upon a catastrophic ground movement as
mentioned above. The contractor shall take such precautions and security measures and other steps
for the protection of the works as he may deem necessary

When so instructed to do so by the principal agent, the contractor shall proceed immediately to remove
and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, restore,
replace and/or repair the works, at the contractor’s own costs

10.1.5.1.2 Injury to persons or loss of or damage to property

The contractor shall be liable for and hereby indemnifies and holds harmless the employer against any
liability, loss, claim or proceeding arising at any time during the period of the contract whether arising in
common law or by statute, consequent upon personal injuries to or the death of any person whomsoever
resulting from, arising out of or caused by a catastrophic ground movement as mentioned above

The contractor shall be liable for and hereby indemnifies the employer against any and all liability, loss,
claim or proceeding consequent upon loss of or damage to any moveable, or immovable property, or
personal property, or property contiguous to the site, whether belonging to or under the control of the
employer or any other body or person whomsoever arising out of or caused by a catastrophic ground
movement, as mentioned above, which occurred during the period of the contract

10.1.5.1.3
It is the responsibility of the contractor to ensure that he has adequate insurance to cover his risk and
liability as mentioned in 10.1.5.1.1 and 10.1.5.1.2. Without limiting the contractor’s obligations in terms
of the contract, the contractor shall, within twenty-one (21) calendar days of the date of possession of
the site, but before commencement of the works, submit to the employer proof of such insurance policy,
if requested to do so

10.1.5.1.4
The employer shall be entitled to recover any and all losses and/or damages of whatever nature suffered
or incurred consequent upon the contractor’s default of his obligations as set out in 10.1.5.1.1;
10.1.5.1.2 and 10.1.5.1.3. Such losses or damages may be recovered from the contractor or by
deducting the same from any amounts still due under this contract or under any other contract presently
or hereafter existing between the employer and the contractor and for this purpose all these contracts
shall be considered one indivisible whole

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11.0 Securities

Amend 11.10 to read as follows:

There shall be no lien or right of retention held by any contractor in respect of the works executed on
site

12.0 Obligations of the Parties

Amend 12.1.5 to read as follows:

Give possession of the site to the contractor within ten (10) working days of the contractor complying
with the terms of 12.2.22

12.2.2: Not applicable

Add the following as 12.2.22:

Within fifteen (15) working days of the date of the agreement submit to the principal agent an
acceptable health and safety plan, required in terms of the Occupational Health and Safety Act, 1993
(Act No 85 of 1993)

19.0 Practical Completion

19.5: Delete the words “subject to the contractor’s lien or right of continuing possession of the works
where this has not been waived”

21.0 Defects Liability Period and Final Completion

Add the following as 21.13:

The ninety (90) calendar days defects liability period for the works [21.1] is replaced with a period of
three hundred and sixty-five (365) calendar days in respect of the listed applicable elements

25.0 Payment

25.7.5: Not applicable

25.10: Delete the words “and/or compensatory interest”

25.14.2: Not applicable

27.0 Recovery of Expense and/or Loss

27.1.5: Not applicable

29.0 Termination

Add the following after 29.1.3:

or where …

29.1.4: The contractor’s estate has been sequestrated, liquidated or surrendered in terms of the
insolvency laws in force within the Republic of South Africa

29.1.5: The contractor has engaged in corrupt or fraudulent practices in competing for or in executing
the contract

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C TENDERER’S SELECTIONS
C 1.0 Securities [11.0]
Guarantee for construction: Select Option A or B

Option A Guarantee for construction (variable) by contractor [11.1.1]

Option B Guarantee for construction (fixed) by contractor [11.1.2]

Guarantee for payment by employer [11.5.1; 11.10] Not applicable

Advance payment, subject to a guarantee for advance

Not applicable
payment [11.2.2; 11.3]

C 2.0 Contractor’s annual holiday periods during the construction period

Year 1 contractor’s
start date end date
annual holiday period
Year 2 contractor’s
start date end date
annual holiday period
Year 3 contractor’s
start date end date
annual holiday period

C 3.0 Payment of preliminaries [25.0]

Contractor’s selection

Select Option A or B

Where the contractor does not select an option, Option A shall apply

Payment methods

The preliminaries shall be paid in accordance with an amount prorated to the value of the works
executed in the same ratio as the amount of the preliminaries to the contract sum, which
Option A
contract sum shall exclude the amount of preliminaries. Contingency sum(s) and any provision
for cost fluctuations shall be excluded for the calculation of the aforesaid ratio

The preliminaries shall be paid in accordance with an amount agreed by the principal agent
and the contractor in terms of the priced document to identify an initial establishment charge,
Option B a time-related charge and a final dis-establishment charge. Payment of the time-related charge
shall be assessed by the principal agent and adjusted from time to time as may be necessary
to take into account the rate of progress of the works

Lump sum contract

Where the amount of preliminaries is not provided it shall be taken as 7.5% (seven and a half per cent) of the
contract sum, excluding contingency sum(s) and any provision for cost fluctuations

C 4.0 Adjustment of preliminaries [26.9.4]

Contractor’s selection

Select Option A or B

Where the contractor does not select an option, Option A shall apply

Provision of particulars

The contractor shall provide the particulars for the purpose of the adjustment of preliminaries in terms of his
selection. Where completion in sections is required, the contractor shall provide an apportionment of
preliminaries per section

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An allocation of the preliminaries amounts into Fixed, Value-related and Time-related amounts
Option A as defined for adjustment method Option A below, within fifteen (15) working days of the date
of acceptance of the tender

A detailed breakdown of the preliminaries amounts within fifteen (15) working days of
possession of the site. Such breakdown shall include, inter alia, the administrative and
Option B
supervisory staff, the use of construction equipment, establishment and dis-establishment
charges, insurances and guarantees, all in terms of the programme

Adjustment methods

The amount of preliminaries shall be adjusted to take account of the effect which changes in time and/or value
have on preliminaries. Such adjustment shall be based on the particulars provided by the contractor for this
purpose in terms of Options A or B, shall preclude any further adjustment of the amount of preliminaries and
shall apply notwithstanding the actual employment of resources by the contractor in the execution of the works

The preliminaries shall be adjusted in accordance with the allocation of preliminaries amounts
provided by the contractor, apportioned to sections where completion in sections is required

Fixed - An amount which shall not be varied

Value-related - An amount varied in proportion to the contract value as compared to the

Option A contract sum. Both the contract sum and the contract value shall exclude the amount of
preliminaries, contingency sum(s) and any provision for cost fluctuations

Time-related - An amount varied in proportion to the number of calendar days extension to the
date of practical completion to which the contractor is entitled with an adjustment of the
contract value [23.2; 23.3] as compared to the number of calendar days in the initial
construction period [26.9.4]

The adjustment of preliminaries shall be based on the number of calendar days extension to
the date of practical completion to which the contractor is entitled with an adjustment of the
contract value [23.2; 23.3] as compared to the number of calendar days in the initial
Option B construction period [26.9.4]

The adjustment shall take into account the resources as set out in the detailed breakdown of the
preliminaries for the period of construction during which the delay occurred

Failure to provide particulars within the period stated

Where the allocation of preliminaries amounts for Option A is not provided, the following
allocation of preliminaries amounts shall apply:

Fixed - Ten per cent (10%)

Value-related - Fifteen per cent (15%)
Option A
Time-related - Seventy-five per cent (75%)

Where the apportionment of the preliminaries per section is not provided, the categorised
amounts shall be prorated to the cost of each section within the contract sum as determined
by the principal agent

Where the detailed breakdown of preliminaries amounts for Option B is not provided, Option A
Option B
shall apply

Lump sum contract

Where the amount of preliminaries is not provided it shall be taken as 7.5% (seven and a half per cent) of the
contract sum, excluding contingency sum(s) and any provision for cost fluctuations

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