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cause and had a 15-year term, with an automatic 10-year renewal
if the parties were reasonably satisfied. It did not contain
DHL’s right to terminate the agreement upon 90 days’ notice and
it did not provide for DHLI’s payment of a royalty for use of the
DHL trademark. DHL, DHL Airways, and a newly created entity, on
August 18, 1992, entered into an agreement paralleling and
keeping in force the 1990 agency agreement, essentially
substituting a newly created entity for DHLI.
Upon termination of the 1990 agency agreement, DHLI would be
prohibited from using the DHL trademark anywhere in the world for
a period of 5 years. The 1990 agency agreement provided that the
laws of New York governed its interpretation. It was signed by
DHL and DHLI and filed with the U.S. Department of
Transportation.
In addition to the 1974 MOA and amendments, DHL and DHLI in
their cooperative effort to operate a worldwide DHL network
entered into numerous written and oral agreements. Some of these
included operational standards such as uniform service criteria
for network performance (percentage of deliveries within an
established time period, data retrieval standards), establishment
of quality of service reporting criteria (systems and measures
for network product volumes, pickup performance, and delivery
performance), service directory format and content, development
of quality control criteria for the network, and development of
global air freight methods for handling larger or traditional air
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