This Broker / Motor Carrier Agreement (“Agreement”) is entered into between HTS Logistics LLC (“BROKER”), whose address is 11554 Davis Creek Court Jacksonville, Florida 32256, it’s subsidiaries and Carrier named at the end of this electronic document (“CARRIER”); collectively, the “Parties”.

For the purpose of this agreement, BROKER shall mean HTS Logistics (MC # 837570), and its subsidiaries Hickory Transportation (MC # 624657) and Vertex Transport (MC # 788821). “Registered” means operated under authority issued under Title 49 of the United States Code, and regulations promulgated by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S. Department of Transportation.


  1. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities and hazardous materials, for a minimum of 6 months.
  2. Shall transport the property tendered to it by BROKER under its own operating authority and subject to the terms of this Agreement;
  3. Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement;
  4. Agrees that a Shipper’s insertion of BROKER’S  name as the carrier on a bill of lading shall be for the Shipper’s convenience only and shall not change BROKER’S status as a broker or CARRIER’S status as a motor carrier.
  5. Will not re-broker, assign or interline the shipments transported hereunder. If CARRIER breaches this provision, BROKER shall have the right to pay the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. In such a case, CARRIER shall not be released from liability to BROKER under this Agreement. In addition to the indemnity obligation in Paragraph 1.i, CARRIER will be liable for the direct, actual, and consequential damages arising from a violation of this Paragraph 1.e.
  6. Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to its operations including, but not limited to:
    1. Transportation of Hazardous Materials,(including the licensing and training of drivers), unless disclaimed in Paragraph 1.a., as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials;
    2. Department of Homeland Security regulations;
    3. Independent Contractor / Equipment Lease regulations;
    4. Loading and securement of freight standards and regulations;
    5. Implementation and maintenance of driver safety regulations including, but not limited to, qualification and hiring, controlled substances, and hours of service regulations;
    6. Sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, qualification and licensing and training of drivers;
    7. Implementation and maintenance of equipment safety regulations;
    8. Maintenanceandcontrolofthemeansandmethodoftransportationincluding,butnotlimitedto, performance of its services.
  7. Will notify BROKER immediately if its federal Operating Authority (“Registered” status) is revoked, suspended, or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
  8. Shall inform BROKER of any information obtained by CARRIER in performance of this Agreement which is contrary to the information communicated by BROKER to CARRIER under Paragraph 2.a., and any other material aspect of CARRIER’S service hereunder which conflicts with the specific requirements of each shipment transported hereunder.
  9. Does not have an “Unsatisfactory” safety rating issued by the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation, and will notify BROKER in writing immediately if its safety rating is changed to “Unsatisfactory” or “Conditional”.
  10. Authorizes BROKER to render an invoice to the party contractually liable to BROKER for transportation service charges, which shall include CARRIER’S freight charges and BROKER’S  fees and charges.
  11. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER and is granting BROKER credit terms accordingly.


  1. In addition to the representations and warranties made in Paragraph 1, CARRIER agrees to provide the necessary equipment and qualified personnel for completion of the transportation services required by BROKER and BROKER’S  customers. Unless CARRIER holds Registered status as a hazardous materials hauler and BROKER has notified CARRIER in writing on the Carrier Rate Confirmation that a shipment contains hazardous materials, CARRIER will not supply equipment that has been used to transport hazardous wastes, solid or liquid, regardless of whether they meet the definition in 40 C.F.R. §261.1 et. seq.CARRIER agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed in writing.
  2. CARRIER shall issue (or execute) a bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transport under this Agreement. Unless otherwise agreed in writing, CARRIER shall become liable for the full actual value of the freight when it takes and receives possession thereof, and the trailer(s) is loaded and liability shall continue until delivery of the shipment to the consignee and the consignee signs the bill of lading or delivery receipt. Any terms of the bill of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be null. Failure to issue a bill of lading, or sign a bill of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER if CARRIER or its agent received the lading.
  3. CARRIER shall process and settle cargo claims, overages, shortages, and damages with diligence. In doing so,
    1. CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage.
    2. CARRIER’S liability for any cargo damage, loss, or theft from any cause shall be determined under the provisions and principles of the Carmack Amendment, 49 U.S.C. §14706. Notwithstanding, CARRIER’s liability shall be for the full actual value of the damaged, lost, stolen, or delayed freight.
    3. CARRIER’S obligation to indemnify BROKER and the parties entitled to recover under the bill of lading for freight loss and damage claims shall include legal fees, which shall constitute special damages, the risk of which is expressly assumed by CARRIER.
    4. Notwithstanding the terms of 49 CFR §370.9, CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within THIRTY (30) days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this time period shall be deemed admission by CARRIER of full liability for the amount claimed.
    5. CARRIER’S liability for cargo damage, loss, or theft from any cause for any one shipment, shall not exceed the full actual value of the shipment plus taxing costs.
    6. CARRIER shall recognize and process cargo claims submitted by BROKER on behalf of BROKER’S shipping customer(s) as though the claim were submitted directly by the same.
    7. In addition to the above, it is BROKER policy that all carriers notify BROKER dispatch, at the time of occurrence, of an overage, shortage, or damage.If BROKER dispatch is not notified, at the time of occurrence, CARRIER may be held liable for additional charges, related to the claim. Should the CARRIER incur an overage, shortage, or damage, the CARRIER shall inform BROKER via email at OS&D@HICKORYTRANS.COM or via phone at 877-874-3164. OS&D email notifications must include BOL/POD, reefer downloads (if the temp is an issue), clear pictures of each product label with legible product codes (one label per picture), and clear pictures of the damages.
  4. CARRIER shall furnish BROKER with Certificate(s) of Insurance, or insurance policies providing thirty (30) days advance written notice of cancellation or termination, and unless otherwise agreed, subject to the following minimum limits:
      1. Public liability $1,000,000;
      2. Motor vehicle (including hired and non-owned vehicles), property damage, and personal injury liability $1,000,0000 ($5,000,000 if transporting hazardous materials including environmental damages due to release or discharge of hazardous substances) issued by insurer(s) with a minimum AM Best rating A – VII;
      3. Cargo damage/loss, $100,000;
      4. Workers’ compensation with limits required by law.

    Except for the higher coverage limits which may be specified above, the insurance policies shall comply with minimum requirements of the Federal Motor Carrier Safety Administration.

  5. CARRIER irrevocably assigns to BROKER all its rights to collect freight charges from Shipper or any responsible third party. As such, CARRIER shall provide BROKER with an invoice, a signed copy of the Carrier Rate Confirmation, signed bill of lading or proof of delivery, and all documentation in support of accessorial charges in a timely manner, and in no event later than 21 days from date of delivery.

CARRIER shall defend, indemnify and hold BROKER , its shipper customer, and the bill of lading parties harmless from any claims, actions or damages, arising out of its performance under this Agreement or breach of CARRIER’S representations under this Agreement, including damages of any kind asserted against BROKER for negligent hiring of CARRIER, cargo loss and damage, theft, delay, damage to property, and personal injury or death. CARRIER shall not be liable for any claims, actions or damages due to the negligence of the shipper. The obligation to defend and indemnify shall include all costs and legal fees of defense as they accrue.


  1. BROKER shall invoice the party which is contractually responsible for payment to BROKER , which shall be supported by CARRIER having invoiced BROKER for CARRIER’S charges, as mutually agreed in writing, by fax, or by electronic means, contained in BROKER’S  written Carrier Rate Confirmation, each of which shall be incorporated herewith upon execution by BROKER and delivery to CARRIER by facsimile or electronic transmission. CARRIER shall execute the Carrier Rate Confirmation and any subsequent modifying confirmation(s) and return the same to BROKER prior to loading (except in the following cases of modification). CARRIER SHALL SUBMIT TO BROKER WITH ITS INVOICE A COPY OF THE SIGNED (BY BROKER ) CARRIER RATE CONFIRMATION WHICH REFLECTS THE FINAL CHARGES DUE CARRIER.
  2. Rates which are verbally agreed upon shall be deemed confirmed in writing where CARRIER has billed the agreed rate and BROKER has paid it. All written Carrier Rate Confirmations, including confirmations by billing and payment, shall be incorporated herewith.
    NOTE: CARRIER should insist that all accessorial charges be confirmed in writing by BROKER, as the absence of such written confirmation will delay or excuse payment to CARRIER.
  3. The Parties agree that BROKER shall be responsible for the billing and collection of freight charges as follows:
    1. BROKER is the sole party responsible for payment of CARRIER\’S charges. Failure of BROKER to collect payment from its customer shall not release BROKER of its obligation to pay CARRIER, provided, however, that BROKER shall have the right, duty and privilege to assert against CARRIER all customer defense(s) to payment. BROKER shall pay CARRIER\’S invoice(s) within THIRTY (30) days of receipt of the proof of delivery, and all additional supporting documents in connection with CARRIER’S invoiced charges, provided CARRIER is not in default under the terms of this Agreement.
    2. BROKER shall maintain a surety bond / trust fund in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) and file evidence of the same with the Federal Motor Carrier Safety Administration (FMCSA).
    3. BROKER will notify CARRIER immediately if BROKER’S federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.


  1. The relationship between BROKER and CARRIER is that of independent contractor and not that of employer/employee. BROKER has insufficient control of CARRIER, including but not limited to CARRIER’S discretion to route freight, assign equipment and drivers, and otherwise the means or methods of CARRIER’S service and nothing contained herein shall be construed to be inconsistent with this provision.
  2. CARRIER and BROKER acknowledge and agree that this contract does not bind the respective Parties to exclusive services to each other.
  3. In the event of a dispute arising out of this Agreement, including but not limited to Federal or State statutory claims, Venue for any such action shall be in Florida, Duval County. Unless preempted or controlled by federal transportation law and regulations, the laws of the State of Florida shall be controlling.
  4. CARRIER shall not knowingly solicit freight shipments so long as this Agreement is in effect and for a period of SIX (6) months following termination of this Agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER , when such shipments of shipper customers were first tendered to CARRIER by BROKER . In the event of breach of this provision, BROKER shall be entitled, for a period of TWELVE (12) months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of FIFTEEN percent (15%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. Additionally, BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by BROKER , including, but not limited to, reasonable attorney’s fees.
  5. In addition to Confidential Information protected by law, statutory or otherwise, the Parties agree that all of their financial information and that of their customers, including but not limited to freight and brokerage rates, amounts received for brokerage services, amounts of freight charges collected, freight volume requirements, as well as personal customer information, customer shipping or other logistics requirements shared or learned between the Parties and their customers, shall be treated as Confidential, and shall not be disclosed or used for any reason without prior written consent. In the event of violation of this Paragraph, the Parties agree that the remedy at law, including monetary damages, may be inadequate and that the Parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating Party from further violation of this Agreement in which case the non-prevailing Party shall be liable for all costs and expenses incurred, including but not limited to reasonable attorney’s fees.
  6. All notices provided or required by this Agreement, shall be made in writing and delivered, return receipt requested, to the addresses shown herein with postage prepaid; or by confirmed (electronically acknowledged on paper) fax. Notices sent as required hereunder, to the addresses shown in this Agreement, shall be deemed sent to the correct address.
  7. The term of this Agreement shall be one year from the date hereof and thereafter it shall automatically be renewed for successive one (1) year periods, unless terminated, upon thirty (30) day\’s prior written notice, with or without cause, by either Party at any time, including the initial term. In the event of termination of this Agreement for any reason, the Parties shall be obligated to complete performance of any work in progress in accordance with the terms of this Agreement.
  8. In the event any of the terms of this Agreement are determined to be invalid or unenforceable, no other terms shall be affected and the unaffected terms shall remain valid and enforceable as written. The representations, right and obligations of the parties hereunder shall survive termination of this Agreement for any reason.
  9. This Agreement may be executed in any number of counterparts each of which shall be deemed to be a duplicate original hereof.
  10. The Parties to this Agreement are authorized to fax and email to each other at the numbers and addresses shown herein, (or otherwise modified in writing from time to time) shipment availabilities, equipment and rate promotions, or any advertisements of new services.
  11. This Agreement contains the entire understanding of the Parties and super sedes all verbalor written prior agreements, arrangements, and understandings of the Parties relating to the subject matter stated herein. The Parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence may be introduced to reform this Agreement in any judicial or arbitration proceeding involving this Agreement.

Carrier Payment Policy and Proof of Delivery & Accessorial Requirements

In an effort to avoid any delays in our payment to you, we have created the following Payment and Required Proof of Delivery Policy.

Standard Pay (

Our payment terms are 30 days from the date HTS receives your invoice,a legible copy of the signed proof of delivery and all reimbursable receipts. We do offer ACH direct deposit. If interested ,please email You must complete 10 loads before ACH setup.

Unless originals are required per our rate confirmation, please submit documentation via email to: or you may fax to: 888-797-6013

Quick Pay (

If you wish to request Quick Pay, write “Quick Pay” on your invoice, and state if you wish to receive your Quick Pay via ComChek, paper check or ACH direct deposit.

Unless originals are required per our rate confirmation, please submit documentation via email to: or you may fax to: 888-797-6013


  1. If your invoice, legible copy of the signed proof of delivery and all reimbursable receipts are received by 3 pm EST, your quick pay will be processed the same day and your comcheck express code will be ready by 5 pm EST. Contact your broker for your express code.
  2. If received after 3 pm EST, your invoice will be processed the next business day.
  3. The fee is 2.5% or $12.00, whichever is greater, plus the comcheck fee ($5 fee for the first $1000 and an additional $5 for each $500 increment thereafter. (Example: up to $1000=$5, $1000 to $1499.99=$10, $1500 to $1999.99=$15).

Quick Pay by Paper Check:

  1. If your invoice, legible copy of the signed proof of delivery and all reimbursable receipts are received by 3 pm EST, a check will be mailed within 2 business days.
  2. If received after 3 pm EST, your invoice will be processed the next business day, and the check will be mailed within 2 business days from that time.
  3. The fee is 2.5% of the balance due or $12.00; whichever is greater.

Quick Pay by ACH Direct Deposit:

  1. If your invoice and all supporting paperwork are received before 3 pm EST, the invoice will be processed same day. If received after 3 pm EST, the invoice will be processed the following day. Payment will be deposited 3 business days from the date we process your invoice.
  2. The fee is 2.5% or $12.00, whichever is greater.
  3. If you are not already enrolled, you will need to complete the enrollment form and return it to us along with a copy of a voided check. You are eligible for ACH after completing 10 loads for our company.


All lumpers & other reimbursable accessorials MUST be reported, at the time of occurrence, and receipts MUST be provided within 24 hours, regardless of whether BROKER issued a comchek or if the carrier covered the cost and is seeking reimbursement.


Up to 50%, not to exceed $500 within a 24 hour period. The fee is 2.5% or $12.00, whichever is greater, plus the Comchek Fee ($5 fee for every $500 increment…EX: $1000=$10, $1250=$15).


Should the CARRIER incur any overage, shortage, or damage, the CARRIER must inform BROKER , at the time of occurrence, via email at OS&D@HICKORYTRANS.COM.  If after hours, report to 904-318-4680 and follow up with an email.  Emails must include all of the following: BOL/POD, reefer downloads (if the temp is an issue), clear pictures of each product label with legible product codes (one label per picture), and clear pictures of the damages. Failure to report an OS&D, following the above guidelines, may result in a fine, up to $200 and/or a freight claim. The BROKER is authorized to deduct freight claims from CARRIER’s invoices.

If you have rejected product that has to be returned or rerouted, we agree to pay $1.20 + FSC per mile.

Detention & Layover

Approved detention is paid at $40 per hour, after 4 hours free, and maxes at the layover rate. Approved layover is $150 for dry vans and $200 for reefers.

In order for a carrier to be eligible for detention pay at a shipper or consignee, the corresponding driver must have accepted and be tracking on MacroPoint. MacroPoint is a no-charge service to the carrier/driver.

Other Items to Note

All Accessorial charges must be stated in the original, signed rate confirmation or agreed to in a subsequent written and signed rate confirmation.

Unauthorized delays in the pickup or delivery of the load may be charged back to you.

A minimum charge of $100 shall apply for any appointment(s) you miss.

You are prohibited from subcontracting any load to any other carrier or broker.

If you do, we reserve the right to pay the delivering carrier directly and you will remain primarily liable as provided in our Motor Carrier Agreement.

IN WITNESS WHEREOF, we have electronically signed this Agreement the date and year first shown below.


WHEREAS, BROKER and CARRIER are parties to a certain Broker Carrier Agreement;

WHERE AS, this Addendum is made solely for the purposes of adding the certain provisions with regard to Food Safety; and

NOW, THEREFORE, in consideration of the following, and the stipulations and covenants contained herein, and other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree and stipulate as follows:

Carrier will comply with the laws and regulations governing the safe and secure transportation of shipments consisting of groceries or foodstuffs that will ultimately be consumed by humans or animals (“Food Shipments”), including those required by local, provincial, state and federal laws, regulations, ordinances and rules including, but not limited to, the Food Safety Modernization Act (21 U.S.C § 2201, et. seq.), the Federal Food, Drug and Cosmetic Act (21 U.S.C § 341, et seq.), the Sanitary Food Transportation Act (49 U.S.C 5701, et seq.), the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900, et seq.) and all applicable U.S. Department of Agriculture and Food Safety and Inspection Service regulations (collectively, the “Food Safety Laws”).

Carrier is responsible for the sanitary conditions of Food Shipments during their transportation and complying with BROKER’S, the Shipper’s, and/or the vendor’s written instructions, including without limitation any temperature set point or temperature range, as provided to the Carrier by BROKER, Shipper, or vendor in physical or electronic form.  Carrier shall apply all written instructions to future Food Shipments of the same goods tendered for the same Shipper, unless instructed otherwise in writing.  If BROKER’S, the Shipper’s, or a vendor’s instructions require a cargo seal, the lack of a seal or seal irregularities shall be sufficient to consider the shipment unsafe and a total loss.

Carrier shall verify the temperature of Food Shipments before loading.  Carrier must write the recorded temperature on shipping document(s) used by the parties for the pick-up, transport, or delivery of goods, including without limitation any Bill of Lading (“Shipping Document”).  In the event Carrier is unable to verify the temperature due to restrictions imposed by BROKER, the Shipper/loader, consignor, consignee or due to the physical circumstances of loading, Carrier is excused from performing such verification.  The foregoing exception shall not relieve Carrier of compliance with any other provision of this Addendum.

Carrier represents and warrants that all Equipment (as defined in the Food Safety Laws and herein) used in transporting Food Shipments is in a safe and sanitary condition and appropriate for performance of the Services for Food Shipments, including but not limited to ensuring that the Equipment is free from contamination, pest infestation, and evidence of prior cargo that could render the Food Shipments unsafe.  If Carrier transports partial load shipments (also known as less-than-truckload, or LTL, shipments), Carrier shall conduct appropriate inspections and take necessary actions upon receiving the first shipment and each subsequent shipment to ensure that (a) the Equipment remains in safe and sanitary condition; (b) any Food Shipments will not be contaminated by any previously or subsequently loaded cargo; and (c) the temperature of any temperature-controlled Food Shipment will not be materially disrupted.  When required by and as specified in BROKER’S, the Shipper’s, and/or a vendor’s instructions or Shipping Document, Carrier must ensure that the cold storage compartments are prepared for safely transporting the Food Shipments.  Carrier must set temperature controls to pre-cool mechanically refrigerated cold storage compartments before offering equipment with auxiliary refrigeration units for transportation of Food Shipments requiring temperature control and set the operating temperature to ensure the Food Shipments at all times are maintained at the temperature set point or within the temperature range specified on BROKER’S, the Shipper’s and/or vendor’s instructions or Shipping Document.

Immediately upon request or as promptly as practicable thereafter, Carrier will provide BROKER , the Shipper and/or vendor:

  1. Evidence of the operating temperature of Food Shipments maintained during Services in the manner acceptable to Shipper and/or the vendor;
  2. Documented written processes for maintaining food safety, including maintenance of temperature control, and cleaning, sanitizing, and inspecting Equipment;
  3. Evidence of transportation traceability, including information regarding: 
    1. Previous cargo hauled in bulk or in other Equipment
    2. Maintenance and intervening cleaning procedures for docks and Equipment.
  4. Appropriate training processes for each person under Qualified Carrier’s supervision or control involved in providing the services pursuant to this Agreement; and
  5. Evidence that the Food Shipments have not been adulterated, as defined below, and have been transported under sanitary conditions to protect the shipments against temperature abuse or excessive fluctuations and any physical, chemical, or microbial contamination.

Carrier agrees to maintain all documentation and records related to the transport of Food Shipments governed by this Agreement, including those documenting personnel training and Equipment cleanings, sanitation and inspections, and the safe and sanitary transport of Food Shipments, and shall make the records available to BROKER , the Shipper and/or vendor upon request.

Carrier acknowledges and agrees that the temperature of the Food Shipments is a material condition of this agreement.  Carrier shall develop and maintain written procedures related to the safe transport of Food Shipments tendered to it by Shipper, through BROKER, and shall train its drivers and staff regarding safe transport of Shipper’s Food Shipments and other goods.

Liability Related to Food Shipments

  1. Carrier agrees that Food Shipments that have been transported or offered for transport, pursuant to this Agreement, under conditions that are not in compliance with the written instructions or requirements set forth in the Shipping Document, including any seal, temperature, quality control standards and delivery date requirements, may be considered “adulterated” within the meaning of the FD&C Act (21 U.S.C. §§ 342(a)(i)(4), 342(i)).  Carrier understands that adulterated shipments may be refused by the Shipper, consignee or receiver upon their tender for delivery at destination, with or without inspection.
  2. Carrier assumes liability for the result of breach of any of the requirements specified in this Addendum.  Carrier agrees that BROKER is not responsible for and shall in no way be held liable to Carrier for Carrier’s, or any shipper’s, cosignee’s, receiver’s or loader’s obligations or their failure to adhere to their respective obligations under the laws and regulations governing the safe and sanitary transport of food for human consumption, including the Food Safety Laws referenced above.

The determination regarding the acceptability, salvagebility and/or the adulterated status of Food Shipments transported by Carrier shall be within the sole discretion of the Shipper and shall be binding on Carrier.

Choose up to 5 files to include your MC, W9, and insurance with HTS Logistics listed as the certificate holder.

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