How to Create a Rate Lock Agreement

Rate lock agreements are an essential part of the mortgage loan process and something that should never be taken lightly. By outlining the terms and conditions of the loan, these agreements help protect both borrowers and lenders from unexpected changes in the market, unanticipated fees or renegotiations. To ensure all parties involved understand the agreement, it should be signed by both parties prior to approval.

Understanding why rate lock agreements are so important is key for borrowers and lenders alike when making decisions regarding their mortgages - which is why Genie AI has created a free rate lock agreement template library. With millions of data points teaching its AI what a market-standard rate lock agreement looks like, anyone can draft and customize high quality legal documents without a lawyer or any legal knowledge whatsoever.

The Genie AI template library provides step-by-step guidance on how to create your own secure rate lock agreement, meaning no matter your level of legal expertise you’re able to make informed decisions that protect both parties in the transaction. What’s more, you don’t even need a Genie AI account – we just want to arm you with all the tools you need for success.

To learn more about our template library and for step-by-step instructions on creating your own rate lock agreement today click here – we look forward to helping you get legally protected!

Definitions

Rate Lock - An agreement between lenders and borrowers that guarantees an agreed-upon interest rate for a specific period of time, allowing borrowers to secure a mortgage loan at a specific rate despite fluctuations in the market.
Fixed-Rate - A rate lock agreement in which the borrower is guaranteed a specific interest rate for the duration of the loan.
Adjustable-Rate - A rate lock agreement in which the interest rate can change periodically during the loan.
Hybrid Rate - A rate lock agreement that combines the features of fixed-rate and adjustable-rate locks, allowing the borrower to switch between the two.
Truth in Lending Act - A federal law that requires lenders to disclose the terms and conditions of a loan to the borrower before it is made.
Consumer Credit Protection Act - A federal law that protects consumers from unfair business practices related to consumer credit, such as deceptive advertising and predatory lending.
Equal Credit Opportunity Act - A federal law that prohibits lenders from discriminating against borrowers based on certain characteristics, such as race, gender, or religion.
Renew/Extend - Negotiating to renew or extend the rate lock, typically involving renegotiating the terms of the agreement, such as the interest rate, term, and fees.

Overview of the rate lock process and its purpose
Understand why rate locks are used
Identify the key players involved in rate lock agreements
Explanation of the various types of rate locks available
Describe the differences between fixed-rate, adjustable-rate, and hybrid rate locks
Explain how rate locks can vary in terms of length and pricing
Discussion of the applicable regulations governing rate locks
Explain the relevant laws and regulations related to rate locks
Explain the consequences of failing to comply with rate lock regulations
Steps involved in creating a rate lock agreement
Gather the required information and documents
Negotiate the terms of the rate lock agreement
Draft and execute the rate lock agreement
Outlining the terms and conditions of a rate lock agreement
Explain the interest rate, term, and fees associated with the rate lock
Describe the process for making changes to the rate lock agreement
Discuss the process for terminating the rate lock agreement
Overview of the potential risks and rewards associated with rate locks
Identify the potential risks associated with rate locks
Explain the potential rewards of rate locks
How to manage rate locks and potential changes in the market
Monitor changes in the market and adjust rate locks accordingly
Develop strategies to manage rate locks in volatile markets
Strategies for handling rate lock expirations
Explain the process for renewing or extending a rate lock
Describe the process for handling rate lock expirations
Ways to ensure compliance with all applicable regulations
Implement procedures to ensure compliance with rate lock regulations
Create a system for monitoring and updating rate locks
Tips and best practices for creating and managing rate locks
Explain the importance of working with experienced professionals
Outline strategies for minimizing risk and maximizing rewards

Get started

Overview of the rate lock process and its purpose

Understand what a rate lock agreement is and why it is used
Learn what components are included in a rate lock agreement
Know who is involved in the rate lock process
Be familiar with the terms and conditions of a rate lock agreement
Be aware of the timeline involved with the rate lock process

When you can check this off your list and move on to the next step:

When you have a clear understanding of the rate lock process and its purpose.

Understand why rate locks are used

Learn the basic definition of a rate lock agreement
Understand why a borrower seeks to lock in a rate, such as to protect against potential increases in mortgage interest rates
Recognize the benefits of locking in a rate, such as avoiding costly rate hikes
Be aware of the risks associated with rate locks, such as the possibility of a rate decrease
Understand the terms and conditions associated with rate locks
Be able to explain the different types of rate locks

When you can check this off your list and move on to the next step:
You can move on to the next step when you have a clear understanding of why rate locks are used and the associated risks and benefits.

Identify the key players involved in rate lock agreements

Identify the lender and borrower involved in the rate lock agreement
Understand the role of the broker or loan originator in the rate lock process
Determine if there is a third-party involved in the rate lock, such as a credit provider or title company
Verify that all parties involved in the rate lock agreement have agreed to the terms and conditions

When you can check this off your list:
Once you have identified all of the parties involved in the rate lock agreement and verified that they have agreed to the terms and conditions, you can move on to the next step.

Explanation of the various types of rate locks available

Become familiar with the three most common types of rate locks: fixed-rate, adjustable-rate, and hybrid rate locks
Understand how each rate lock works and how it might affect the mortgage rate and monthly payments for the borrower
Look into the details of each rate lock to determine the best option for the borrower

Once you have a good understanding of the different types of rate locks, you can move on to the next step: Describe the differences between fixed-rate, adjustable-rate, and hybrid rate locks.

Describe the differences between fixed-rate, adjustable-rate, and hybrid rate locks

Fixed-rate locks: Provide a single fixed interest rate over the life of the loan; no changes to the rate or payment amounts
Adjustable-rate locks: Provide an initial rate that can change over time, depending on market conditions; the payment amount can also change
Hybrid rate locks: Provide a combination of fixed and adjustable rates, with the fixed rate typically lasting for a set period of time before converting to an adjustable rate

Once you have described the differences between fixed-rate, adjustable-rate, and hybrid rate locks, you can check this off your list and move on to the next step.

Explain how rate locks can vary in terms of length and pricing

Understand what a rate lock agreement is and how it works
Research the various lengths of rate lock agreements and their associated costs
Determine which rate lock agreement is the most suitable for the specific situation
Discuss the rate lock agreement with the borrower to ensure maximum understanding
Once the borrower fully understands the rate lock agreement, fill out the necessary paperwork
Make sure to include the rate lock agreement in the mortgage documentation
Check to make sure that all documentation is complete and accurate
Once the rate lock agreement is finalized, you can move on to the next step in the process.

Discussion of the applicable regulations governing rate locks

Research the applicable laws and regulations governing rate locks in your state or country
Make sure to look at federal regulations as well as those specific to the state or country
Identify any specific regulations or restrictions that may impact the rate lock agreement, such as limitations on the length of the rate lock or pricing
Document the regulations governing rate locks to ensure that all parties involved are aware of the applicable laws
Once you have identified the applicable regulations and documented them, you can move on to the next step.

Explain the relevant laws and regulations related to rate locks

Research applicable laws and regulations related to rate locks in your state
Speak to an attorney to ensure that you understand all relevant laws and regulations
Understand the potential consequences of not complying with rate lock regulations
Create a checklist of all the laws and regulations that need to be followed
Check off the list when you have completed your research and understand the relevant laws and regulations
Move on to the next step once you are confident that you understand the relevant laws and regulations related to rate locks

Explain the consequences of failing to comply with rate lock regulations

Understand the consequences of failing to comply with rate lock regulations, including fines, penalties, and/or suspension of your license
Be aware of any state or federal laws and regulations in your jurisdiction
Know the maximum time frame allowed for rate locks
Understand the consequences of rate lock violations
When you have a thorough understanding of the consequences of failing to comply with rate lock regulations, check this off your list and move on to the next step.

Steps involved in creating a rate lock agreement

Analyze the current market conditions and current mortgage rates
Research any applicable rate lock regulations to ensure compliance
Negotiate the terms with the lender
Calculate the lock-in rate with the lender
Draft the Rate Lock Agreement and have both parties sign it
Review the agreement to ensure all parties have agreed to the terms
Make any necessary revisions to the agreement
Place a copy of the agreement in the loan file

Once the Rate Lock Agreement has been drafted, signed, and placed in the loan file, this step will be complete and you can move on to the next step.

Gather the required information and documents

Obtain a copy of the mortgage application and any other relevant documents
Ensure you have the borrower’s name, address, loan amount, loan term, and loan type
Confirm the interest rate and points to be locked
Collect the credit report and any other documents required for loan approval
Gather any additional documents that may be needed for the rate lock agreement

When you have all the required information and documents, you can move on to the next step of negotiating the terms of the rate lock agreement.

Negotiate the terms of the rate lock agreement

Gather all parties involved and discuss the terms of the rate lock agreement, including the loan amount, interest rate, lock-in period, fees, and any other applicable terms.
Try to reach an agreement that is satisfactory to all the parties involved.
Once all parties have agreed to the rate lock agreement terms, you can move to the next step.

Draft and execute the rate lock agreement

Ensure all parties involved in the rate lock agreement understand the terms and conditions of the rate lock agreement.
Have each party sign the rate lock agreement to make it legally binding.
Make sure to keep a copy of the signed rate lock agreement for your records.
Once all parties have signed the rate lock agreement and you have a copy for your records, you can check this item off your list and move on to the next step.

Outlining the terms and conditions of a rate lock agreement

Review the current market rates and the current rates offered by lenders
Understand the terms and conditions associated with the rate lock agreement, such as the interest rate, term, and fees
Draft the rate lock agreement to include the agreed-upon terms and conditions
Ensure the rate lock agreement includes a clause that specifies the maximum rate and time frame in which the lender will honor the rate
Obtain signatures on the rate lock agreement from all parties involved
When all parties have signed the rate lock agreement, it is considered complete and you can move on to the next step.

Explain the interest rate, term, and fees associated with the rate lock

• Clearly explain the interest rate, term, and fees associated with the rate lock agreement.
• Make sure that all parties involved in the agreement understand the terms of the rate lock.
• Detail the various rates and fees that may apply, including any prepayment penalties.
• Provide a timeline for when the rate lock will be in effect and when it will expire.
• Highlight any potential risks and hidden costs associated with the rate lock agreement.
• You can check this off your list when all the parties involved in the agreement understand the interest rate, term, and fees associated with the rate lock.

Describe the process for making changes to the rate lock agreement

• Talk to your loan officer about any changes you would like to make to the rate lock.
• Decide if the changes you are requesting are possible and whether or not they are in your best interest.
• Make sure to clearly explain the changes you are requesting in order to receive an accurate quote.
• Ask for a revised rate lock agreement that reflects the changes you requested.
• Make sure to read and understand the revised agreement before signing it.
• You’ll know you can move on to the next step when you receive the revised rate lock agreement and have signed it.

Discuss the process for terminating the rate lock agreement

Clarify the parties involved in the agreement and the terms of termination in the rate lock agreement
Determine the timeframe for the rate lock agreement and any fees associated with terminating the rate lock agreement
Identify any penalties that may be incurred if the rate lock agreement is terminated prior to its expiration date
Establish a process for notifying the other party of the intent to terminate the rate lock agreement
Create a method for confirming the termination of the rate lock agreement

Once all of the above steps have been completed, you can check off this step and move on to the next step in the guide.

Overview of the potential risks and rewards associated with rate locks

Understand the potential risks and rewards associated with rate locks
Identify potential risks such as rising interest rates, changes in the housing market, and other factors
Understand potential rewards such as ensuring the borrower’s loan rate and loan amount, as well as protecting against interest rate fluctuations
Review any documents associated with the rate lock agreement to gain a better understanding of the terms and conditions
When you have a clear understanding of the potential risks and rewards associated with rate locks, you can move on to the next step.

Identify the potential risks associated with rate locks

Research the various risks associated with rate locks, such as interest rate increases, delays in closing, and other cost overruns
Analyze the loan agreement to determine if any of the above risks are present
Make a list of all the risks associated with rate locks
Cross-check the list of risks with the loan agreement to ensure that all risks have been identified
When all risks have been identified, you can check off this step and move on to the next step.

Explain the potential rewards of rate locks

Understand the benefits of rate locks, such as the ability to secure a lower rate than what is currently available in the market, and the potential to save money over the life of the loan
Learn the advantages of locking in a rate and not having to worry about the rate changing while the loan is in process
Analyze current market conditions to determine if a rate lock is a good decision for your financial situation

When you can check this off your list:

Once you have a full understanding of the potential rewards and benefits of rate locks and have analyzed the current market conditions to make a decision.

How to manage rate locks and potential changes in the market

Monitor the market for rate changes on a regular basis
Analyze data to determine if rate lock should be adjusted
Set up alerts to notify you of changes in the market
Consult with your lender and/or mortgage broker to discuss rate lock options
Adjust rate lock agreement if necessary
When you have completed these steps, you can move on to the next step, which is to monitor changes in the market and adjust rate locks accordingly.

Monitor changes in the market and adjust rate locks accordingly

Track rate locks and benchmark prices daily, weekly, or monthly
Monitor market trends to anticipate changes in rates
Familiarize yourself with the terms and conditions of each lock
Be aware of the lock-in expiration date
Update rate locks if necessary to protect the borrower from unexpected rate hikes

Once you have tracked rate locks, monitored market trends, familiarized yourself with the terms and conditions, and updated rate locks if necessary, you can check off this step and move on to the next step.

Develop strategies to manage rate locks in volatile markets

Consider establishing a rate lock policy that outlines how long a rate lock can be held, when to extend a rate lock, and when to drop a rate lock
Decide which market conditions are acceptable for rate lock and which are not
Monitor the market and take into account the loan size and other risk factors when making rate lock decisions
Research the rate lock policies of other lenders and compare rates to find the best deal
Develop a system for tracking rate lock expirations and ensure that rate locks are not allowed to expire without proper notification
Track any rate lock extension fees that may arise in order to ensure that the benefit of the rate lock outweighs the cost
When you have established your rate lock policy and are able to effectively monitor and manage rate locks in volatile markets, you can check off this step and move on to the next step of handling rate lock expirations.

Strategies for handling rate lock expirations

Research the market and analyze trends to determine when rate locks should be initiated, renewed, or extended
Develop a rate lock management policy that outlines how long rate locks should be held and when they should be renewed or extended
Establish a rate lock expiration timeline for each loan and track it in a rate lock log
Notify borrowers when their rate lock is about to expire and discuss the best option for them
Monitor the market and adjust rate lock expiration dates as needed
Keep track of rate lock expiration dates and review them on a regular basis

You will know that you can move on to the next step once you have set up a rate lock management policy, developed a rate lock expiration timeline, and established a rate lock log.

Explain the process for renewing or extending a rate lock

Visit your lending institution to discuss the terms and conditions of the loan renewal or extension.
Gather the necessary paperwork and information to ensure the process is completed accurately and timely.
Review and complete the rate lock agreement and return it to the lender.
Pay any associated fees.
Once the rate lock agreement is received and accepted by the lender, you will receive a confirmation.

You can check this step off your list when you have received confirmation that the rate lock agreement has been accepted by the lender.

Describe the process for handling rate lock expirations

Ensure that you have a rate lock agreement in place with the lender.
Monitor the rate lock expiration date, and ensure that it is extended or renewed before it expires.
Contact the lender to renegotiate the rate lock agreement if the expiration date cannot be extended or renewed.
Ensure that all applicable regulations are followed when handling rate lock expirations.
Keep detailed records of all rate lock agreements, including expiration dates and renewal/extension dates.

Once you’ve completed these steps, you can check this off your list and move on to the next step.

Ways to ensure compliance with all applicable regulations

Read and understand all applicable rate lock regulations
Create a policy that outlines the procedures for ensuring compliance with rate lock regulations
Train staff in the regulations and procedures
Ensure all staff are aware of the rate lock regulations and procedures
Monitor staff to make sure they are adhering to the rate lock regulations
Update the policy as needed to ensure compliance with new or amended regulations

Once these steps have been completed, you can move on to the next step in creating a rate lock agreement.

Implement procedures to ensure compliance with rate lock regulations

Determine the exact rate lock rules and regulations for your area
Create procedures for rate lock compliance that include the following:
Determining when to lock a rate
Establishing protocols for rate lock updates
Ensuring rate lock accuracy
Specifying the consequences of rate lock violations
Develop an internal rate lock compliance program
Educate staff on rate lock regulations
Document all rate lock procedures
Monitor rate lock compliance regularly

You will know you can check this off your list and move on to the next step when you have developed and documented all the procedures, educated your staff, and created an internal rate lock compliance program.

Create a system for monitoring and updating rate locks

Set up a system for tracking and updating rate locks – this could include a spreadsheet, a dedicated software system, or other tracking tools.
Ensure that all rate locks are accurately recorded and updated regularly.
Establish procedures for informing staff about any changes to rate locks and providing them with the necessary information.
Keep track of when rate locks expire, and make sure to renew them when needed.
Track any fees associated with rate locks, and make sure that they are paid on time.

You’ll know you can check this off your list when you have the system in place, procedures established, and the necessary staff informed of the rate lock information.

Tips and best practices for creating and managing rate locks

Establish a clearly defined process for when and how rate locks will be requested.
Document the process and make it available to all relevant parties.
Make sure rate locks are requested at the right time and for the right duration.
Ensure you have all the necessary information and documents you need in order to request and close rate locks.
Monitor rate locks closely and ensure the agreements are updated or renewed as needed.
Work with a reputable lender or broker to ensure the rate lock process runs smoothly.
Understand the terms and conditions of each rate lock and any associated fees.

Once these tips and best practices have been established, you can check this off your list and move on to the next step.

Explain the importance of working with experienced professionals

Discuss the importance of working with experienced professionals when creating and managing rate lock agreements
Explain why it’s essential to have an experienced professional to guide you through the process, such as a mortgage broker
Describe the potential risks of not working with an experienced professional
Talk about the potential rewards of working with an experienced professional, such as having access to more lender programs
Demonstrate how an experienced professional can help you better understand the rate lock process, including how to manage and adjust your rate lock agreement as needed

When you have finished explaining the importance of working with experienced professionals, you will know you can move on to the next step in the rate lock agreement process.

Outline strategies for minimizing risk and maximizing rewards

Educate yourself on the process and consult with experienced professionals to ensure a smooth transaction
Negotiate with the lender to determine the best terms and conditions
Understand the different types of rate locks and their associated costs
Review the rate lock agreement with your lender to ensure that all of the terms and conditions are acceptable
Once you’ve negotiated the best terms and conditions and reviewed the rate lock agreement, you’ll be ready to sign the document
You’ll know that you have completed this step when you have reviewed and signed the rate lock agreement.

FAQ

Q: What is the difference between a rate lock agreement and other types of contracts?

Asked by Ashton on March 5, 2022.
A: A rate lock agreement is a contract that is used to secure an interest rate on a loan for a specified amount of time. This type of agreement is beneficial because it allows borrowers to take advantage of a favorable interest rate, even if the market interest rate changes before the loan closes. It also helps lenders protect themselves from market fluctuations that could cause them to miss out on profits. This type of agreement typically applies to mortgages, but it can also be used in other types of loans such as auto and student loans. The terms of the agreement will depend on the type of loan, and they can vary from lender to lender.

Q: What factors should I consider when creating a rate lock agreement?

Asked by Mia on July 10, 2022.
A: When creating a rate lock agreement, there are several factors you should consider. First and foremost, you need to consider the length of time that the agreement will cover. Depending on the type of loan, you may be able to lock in an interest rate for up to one year or more. Additionally, you should consider the terms and conditions of the agreement, including any prepayment penalties or other fees that may apply. It’s also important to take into account any changes in the market interest rate that could impact your loan’s interest rate during the time period covered by your agreement.

Q: How do I know if a rate lock agreement is right for me?

Asked by Noah on September 15, 2022.
A: Whether or not a rate lock agreement is right for you depends on your individual needs and circumstances. Generally speaking, if you are looking to secure an interest rate on a loan and protect yourself from fluctuating market rates, then a rate lock agreement can be beneficial. However, if you don’t think you will have the funds available to close on your loan within the specified time frame or if there are any other potential issues with your loan that could affect its approval or its interest rate, then a rate lock agreement may not be right for you.

Q: Are there different types of rate lock agreements?

Asked by Abigail on October 15th, 2022.
A: Yes, there are different types of rate lock agreements available depending on the type of loan you are looking to secure and your individual needs and circumstances. For example, some lenders offer “floating” or “variable” rate locks which allow borrowers to take advantage of changing market conditions by allowing them to adjust their interest rates accordingly without having to renegotiate their loan terms. Additionally, some lenders offer “fixed” or “fixed-rate” locks which provide borrowers with stability by locking in their interest rates for an extended period of time.

Q: Are there any legal requirements associated with creating a rate lock agreement?

Asked by Caleb on March 12th, 2022.
A: Yes, there are legal requirements associated with creating a rate lock agreement depending on where you live and what type of loan you are looking to secure. Generally speaking, these legal requirements include disclosure requirements such as providing borrowers with information about their rights and responsibilities under the contract as well as ensuring that all parties involved in the transaction fully understand all terms and conditions associated with the agreement before signing it. Additionally, some jurisdictions may require lenders to obtain certain licensing or permissions prior to offering these types of agreements or may have additional rules regarding how they are structured and enforced.

Q: Are there any risks associated with entering into a rate lock agreement?

Asked by Logan on November 5th 2022.
A: Yes, there are certain risks associated with entering into a rate lock agreement which borrowers should be aware of prior to signing one. For example, if you enter into an agreement that locks in an interest rate for an extended period of time but then market rates drop before your loan closes, then you will not be able to benefit from those lower rates until your current contract expires. Additionally, if market rates rise significantly during your contract period then you may end up paying more in interest than anticipated due to being locked into your current rate for an extended period of time.

Q: Can I negotiate better terms when entering into a Rate Lock Agreement?

Asked by Emma on April 17th 2022.
A: Yes, it is possible to negotiate better terms when entering into a Rate Lock Agreement depending on the type of loan and your individual circumstances. Generally speaking, borrowers should try to negotiate longer term agreements with lower fees as this can help them save money in the long run by allowing them to take advantage of any potential drops in market rates during their contract term and avoiding any potential penalty fees associated with early repayment or refinancing before the contract expires. Additionally, some lenders may offer additional discounts or incentives such as reduced closing costs in exchange for agreeing to longer term contracts so it’s worth asking about these options when negotiating terms with your lender.

Q: How do I choose between fixed-rate and variable-rate locks?

Asked by Elijah on August 5th 2022 .
A: Choosing between fixed-rate and variable-rate locks depends on your individual needs and circumstances as well as potential changes in market rates during your contract term. Generally speaking, fixed-rate locks provide borrowers with stability by allowing them to take advantage of favorable market conditions without having to worry about fluctuating rates before their loan closes while variable-rate locks allow borrowers more flexibility if they anticipate potential drops in market rates during their contract term as these loans allow them to adjust their interest rates accordingly without having to renegotiate their loans terms each time they do so. Ultimately it’s important that borrowers carefully consider all factors before deciding which type of lock is right for them as each option has its own advantages and disadvantages depending on individual needs and circumstances.

Q: How long does it take for my Rate Lock Agreement to go into effect?

Asked by Olivia on February 6th 2022 .
A: The length of time it takes for a Rate Lock Agreement to go into effect depends on several factors including when the borrower applies for their loan as well as when they close on it and any applicable prepayment penalties associated with their contract term length. Generally speaking however most agreements will go into effect within two weeks after application provided all documents required for closing have been submitted successfully and no delays occur due to outside forces such as pandemics or natural disasters which could potentially delay closing timelines significantly .

Q: What happens if I terminate my Rate Lock Agreement early?

Asked by Mason on December 7th 2022 .
A: Terminating a Rate Lock Agreement early usually comes with consequences such as incurring additional fees or penalties which can vary depending on what type of loan was secured through the agreement as well as what jurisdiction governs it (e.g., US vs UK vs EU laws). Generally speaking however most lenders will require borrowers who terminate their contracts early pay an Early Termination Fee (ETF) which will vary based on how far along they were in their contract term at termination as well as whether they were able to refinance or pay off their loan through another lender prior to termination date which could potentially reduce their ETF amount significantly .

Example dispute

Possible Lawsuit Regarding Rate Lock Agreement:

The plaintiff may be able to sue the defendant if they have broken the rate lock agreement. This agreement stipulates that the defendant must provide the plaintiff with a predetermined interest rate on a loan for a specified period of time.
The plaintiff must prove that the defendant violated the terms of the agreement, such as not providing the agreed-upon rate or providing a rate that was higher than the agreed-upon rate.
The plaintiff can also seek damages if they lost money due to the defendant breaching the rate lock agreement.
The court may also order the defendant to fulfil their obligations as stated in the agreement.
Settlement could be reached if the defendant is willing to pay the plaintiff the difference between the agreed-upon rate and the rate they actually received.
If the plaintiff is seeking damages, they might be calculated by determining the amount of money the plaintiff lost due to the defendant’s breach of the agreement.

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