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Yup, two versions, long story short: hosting company doesn't know what their doing.
This example represents much larger scripts, some in 4 some in 5, the 5 needs to be 5 because of new functions, the 4 files (all 3k of them), might work in 5, but would have to rename all to .php5 AND rename all internal calls in them, a LOAD of trouble.
I found a way around it for my purposes only, all 3000+ files are just includes in index.php, so I just added a shebang #! with a path to php5 and put that in index.php and everything is good.