DHL Corporation and Subsidiaries - Page 97

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          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 for           

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Last modified: May 25, 2011