- 24 - 5 years after the termination of the agreement. The second amendment was for 5 years, and it incorporated and reaffirmed the terms of the 1974 MOA and the first amendment, including DHL’s right to terminate the 1974 MOA upon 90 days’ notice. The third, fourth, and sixth amendments extended the term of the 1974 MOA through February 15, 1997. None of the amendments changed DHL’s right (under the original 1974 MOA) to terminate on 90 days’ notice. The fifth amendment provided that the relationship or agreement would “remain in full force and effect unless and until * * * disapproved by the United States Department of Transportation.” Neither the 1974 MOA nor any of the six amendments provided for royalties for the use of the DHL trademark or the DHL name. In connection with the involvement of the foreign investors, a December 7, 1990, agency agreement (1990 agency agreement) was entered into so that the arrangements between DHLI and DHL would be set forth clearly and completely in one document. Under the 1990 agency agreement, DHL had the exclusive right to use and sublicense the DHL trademark in the United States, and DHLI had the exclusive right to use and sublicense the trademark outside the United States. The agreement established reciprocal performance standards and financial covenants. Under the 1990 agency agreement, DHL or DHLI would compensate the other, at cost plus 2 percent, for its shipments in excess of those performed for the other. The 1990 agency agreement was terminable only forPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011