Exclusion of Lanes With Less Than 500 Containers Sample Clauses

Exclusion of Lanes With Less Than 500 Containers. If in any calendar year during the term of this Agreement APL's and LTS' combined annual volume in a Lane is less than 500 Containers of all sizes and types, CSXI's obligation to apply the Methodology to linehaul rates in that Lane shall be suspended, and APL and LTS shall have no volume commitment in that Lane. In any calendar year following a calendar year in which APL's and LTS' annual combined volume exceeds 500 Containers in that Lane, the volume commitments set forth in Appendix 5.2 shall again apply, and CSXI shall reinstate application of the Methodology to linehaul rates for that Lane under Section 9.2 of this Appendix 9. If, however, and to the extent that APL's and LTS' movements in that Lane are then contractually committed to other transportation providers, the volume commitments set forth in Appendix 5.2 shall not apply, and CSXI shall not reinstate application of the Methodology to linehaul rates for that Lane under Section 9.2 of this Appendix 9 except to the extent required by Section 9.2.4 of this Appendix 9. Upon APL's and LTS' first opportunity to terminate its contractual commitments to other providers in that Lane, APL's/LTS' movements in that Lane will be subject to the volume commitments in Appendix 5.2, and CSXI will be obligated to reinstate application of the Methodology under this Section 9.2.5 of this Appendix 9. APL and LTS shall not, subject to the sentence that follows, be required to transfer movements upon the first opportunity to terminate contractual commitments to other providers if CSXI linehaul rates in that Lane are more than two percent (2%) higher than the other provider's rates and CSXI's frequency and schedule of train service in that Lane is materially inferior to the other provider's service. If CSXI's linehaul rate is more than 2% higher than the other provider's rate and CSXI wishes APL and LTS to comply with the volume commitments in that Lane, then CSXI shall lower its linehaul rate to equal such other provider's rate for so long as that rate is available from the other provider.
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Related to Exclusion of Lanes With Less Than 500 Containers

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