CURRENT ASSETS

EX-10.1 2 c78389exv10w1.htm EXHIBIT 10.1 Filed by Bowne Pure Compliance
Exhibit 10.1
VIA OVERNIGHT DELIVERY
October 17, 2008
Mr. Leslie A. Griffith
United States Postal Service
475 L’Enfant Plaza S.W.
Washington, D.C. 20260-6210
RE:   Transportation Agreement dated July 31, 2006 (the “Transportation Agreement”) between the United States Postal Service (the “USPS”) and Federal Express Corporation (“FedEx”) Change in Conversion Factor
Dear Mr. Griffith:
As provided in Paragraph A.1.a. of Exhibit B to the Transportation Agreement, the USPS and FedEx agree that the Conversion Factor is [ * ] effective on the September Schedule Period that begins on September 1, 2008.
By signing this letter, the USPS and FedEx agree to this amendment of the Transportation Agreement. All capitalized terms have the meanings set out in the Transportation Agreement.
Please sign both counterparts of this letter, retain one for the USPS’ records, and return the other fully executed counterpart to:
Myla Williams
Legal Department
Federal Express Corporation
3620 Hacks Cross Road
Building B, 3rd Floor
Memphis, Tennessee 38125
(901)  ###-###-####
     
*   Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.

 

 


 

If you should have any questions, please call Myla Williams at (901)  ###-###-#### or Ron Stevens at (901)  ###-###-####. Thank you.
Sincerely,
FEDERAL EXPRESS CORPORATION
         
/s/ PAUL HERRON
 
   
Paul Herron    
Vice President    
Postal Transportation Management    
AGREED TO AND ACCEPTED this 23rd day of October, 2008.
       
THE UNITED STATES POSTAL SERVICE
 
 
By:   /s/ LESLIE A. GRIFFITH    
  Its:   Manager, Air Transportation CMC,
Contracting Officer The “USPS”
 
 
cc:    Melissa Mortimer
Donna Jewett 
 

 

 


 

AMENDMENT
THIS AMENDMENT (“Amendment”) dated the 23rd day of October, 2008, amends the Transportation Agreement dated as of July 31, 2006 (the “Agreement”) between The United States Postal Service (“USPS”) and Federal Express Corporation (“FedEx”).
Preamble
WHEREAS, USPS and FedEx entered into the Agreement in order to provide for the transportation and delivery of the Products (as such term is defined in the Agreement);
WHEREAS, the parties now desire to amend certain provisions of the Agreement to provide an expansion of the Products as stated below;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Amendment, the parties agree as follows:
1. Commencing on December 2, 2008, and ending on December 23, 2008, USPS desires to utilize FedEx ULD’s for its peak charter operations and FedEx agrees to provide such ULD’s based on the schedule and list of charges outlined in Attachment 1. USPS agrees to pay the ULD charges based on the presumption that one charter will operate for two weeks and the remaining two charters will operate for three weeks. The first day of aircraft operations for each flight will be an outbound departure from Memphis. At the end of charter operations, one ULD set per aircraft will be returned to the MEM Hub or a location within the United States agreed upon by USPS and FedEx.
2. All capitalized terms not otherwise defined in this Amendment shall have the meanings set forth in the Agreement.
3. Except as amended by this Amendment, the terms and conditions of the Agreement shall remain in full force and effect and are ratified and confirmed in all respects.
IN WITNESS WHEREOF, the parties have signed this Amendment in duplicate, one for each of the Parties, as of October 23, 2008.
         
  THE UNITED STATES POSTAL SERVICE
 
 
  By:   /s/ LESLIE A. GRIFFITH    
    Title: Manager, Air Transportation CMC,   
              Contracting Officer   
 
  FEDERAL EXPRESS CORPORATION
 
 
  By:   /s/ PAUL J. HERRON    
    Title: VP, Postal Transportation Management   
       

 

 


 

Attachment 1
Peak Charter Operations
ULD Assignment and Cost
2008 ULD Lease Agreement with USPS for Peak Charter Operations
Assumptions
1. 747 Aircraft are used for the charter operations. Each aircraft carries [ * ] and [ * ]
2. Each flight requires 2 set of ULDs, one set for the ULDs in transit and another set at the
origin to build the next movement.
3. Two sets of ULDs per aircraft, [ * ] and [ * ], are the amount of containers charged per day.
4. The weekly charge is based on 6 operational days per week for weeks 1 and 2 and 5 operational
days for week 3
5. The amounts charged per container type are AMJ — [ * ] and LD3s — [ * ]
ULDs per Week
[ * ]
Total AMJs for the Period     [ * ]
Total LD3s for the Period     [ * ]
ULD Charge for Period
             
ULD Type   AMJ   LD3    
Amount of containers
  [ * ]   [ * ]    
Charge per ULD
  [ * ]   [ * ]    
Total Charge per ULD type
  [ * ]   [ * ]    
Total Charge
          [ * ]
     
*   Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.