DHL’s Operating Requirements Sample Clauses

DHL’s Operating Requirements. ABX shall have the right, subject to Section 4.2(e), during the initial five (5) years of the Term to operate on behalf of DHL under this Agreement up to thirteen (13) Boeing 767-200 series freighter aircraft on air routes for which the origin and destination are within the U.S. Service Area, provided, that any other Boeing 767-200 series freighter aircraft that are operated by ABX on behalf of DHL or its Affiliates anywhere in the world will count towards such thirteen (13) aircraft requirement. At any time and from time to time, DHL may contract with third parties for the operation of Boeing 767-200 series freighter aircraft on air routes for which the origin and destination are within the U.S. Service Area that are over and above such thirteen (13) aircraft requirement. DHL may at any time and from time to time, subject to ABX’s exclusivity rights set forth above in this Section 3.7(c), reduce below thirteen (13) the number of Boeing 767-200 series freighter aircraft operated by ABX in the event that it ceases operating or causing to be operated such aircraft on routes for which the origin and destination are within the U.S. Service Area, and may add back any such reduced aircraft at any time. DHL may, in its reasonable discretion, terminate ABX’s exclusivity rights under this Section 3.7(c) upon providing written notice in the event of a strike or other job action or service disruption by the collective bargaining representative for the Flight Crews or the Flight Crews that materially interferes with ABX’s ability to meet its obligations under this Agreement, as determined by DHL in its reasonable discretion. ABX shall defend, indemnify and hold harmless the DHL Indemnified Parties from and against any and all claims by the collective bargaining representative for the Flight Crews arising from DHL’s termination of ABX’s exclusivity rights in accordance with this Section 3.7(c). For the avoidance of doubt, (i) exercise of DHL’s rights under Article XV are permissible under, and shall not be deemed a violation of, this Section 3.7(c); and (ii) this Section 3.7(c) and the exclusivity contemplated herein shall be of no further force or effect upon termination of this Agreement under Section 4.2 hereof. Initials: ABX: DHL:
Sample 1

Related to DHL’s Operating Requirements

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