THIS AOG TRANSPORT PARTNER RATE AGREEMENT ("Agreement"), executed on the dates by the signatures below, is effective and entered into between the Transport Company Name ("Transport" or "Owner"), whose name and address are stated in Section C in the registration form, and AIRLINE OPERATIONS GROUP COMPANY LIMITED, a corporation with its principal place of business at 16th Floor, Lake Rajada Office Complex, 193/66 Ratchadapisek Road, Klongtoey, Bangkok 10110 Thailand ("AOG"). In consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. RATES. AOG represents certain airlines in procuring transport services for crew, disrupted passengers, and emergency response requirements. Transport is willing to enter into this Agreement with AOG for the procurement of these airlines’ business.
2. Rates.
Global Layovers - Each crew transportation contract between Transport and the Airline is negotiated on a case-by-case basis. If successful, a separate Agreement will be signed between Transport, the Airline, and AOG. Transport understands that AOG cannot guarantee securing the desired rates. Transport agrees not to contact the Airline directly to offer rates that are the same, lower, or higher than those tendered through AOG.
AOGtion - Transport may reduce its daily seat rate, ensuring it does not exceed the yearly rate stated in the AOGtion Agreement ("ceiling rate"). Transport understands that AOG cannot guarantee occupants for all vacancies at the desired rates. Transport agrees not to contact any airline directly or indirectly to offer rates that are the same, lower, or higher than those tendered through AOG.
3. Commissions. Transport agrees to pay AOG a commission of ten percent (10%) of the rates contained in this Agreement whenever AOG is the procuring cause of any transport accommodation business related to the airlines’ crew, disrupted passengers, staff travel, or emergency response services. AOG is considered the “procuring cause” whenever it makes reservations that generate additional revenues for Transport.
4. PAYMENT OF COMMISSION. Transport agrees to pay AOG its commissions within thirty (30) days of receiving payment from the airlines. AOG will not invoice Transport. For payments received by AOG beyond thirty (30) days, Transport agrees to pay a late fee of 18% per annum, pro-rated at 0.05% per day. Transport agrees to provide AOG with a detailed accounting statement of the number of passengers utilized each month and a printout of all accounts and bookings. Commission shall be made payable to “Airline Operations Group Company Limited” or an entity designated by AOG.
5. CHOICE OF LAW. This Agreement is governed by the laws of Thailand. Transport agrees to submit to the exclusive jurisdiction of the courts of Thailand without regard to conflicts of laws or other jurisdictional rules. The parties will attempt to settle disputes amicably out of court by first conducting good faith discussions and negotiations.
6. ASSIGNMENT/TRANSFER. This Agreement shall bind any successor in interest to Transport. In the event this Agreement is assigned to another party, Transport shall notify AOG in writing of such assignment within thirty (30) days of such assigning. Transport agrees that the Agreement binds and obligates the Owner and Transport and does not terminate upon termination or cancellation of the present management contract for the Transport or upon the Owner's execution of a new management contract for the Transport. Owner agrees that if the Transport should be sold, the Agreement will survive such sale, provided AOG is not in default under any of the provisions, covenants or conditions of the Agreement. In that respect, Owner agrees that any sale of the Transport will include, as an express condition of such sale, the assignment to, transfer of, or assumption of the Agreement to or by the purchaser. Owner agrees that neither the Agreement nor any of the rights of AOG hereunder shall be terminated or modified or be subject to termination or modification (except under the terms contained in the Agreement) by any trustee's sale or by an action or proceeding to foreclose any mortgage, deed of trust, lien, or other encumbrance on the Transport. AOG covenants and agrees to execute any additional instruments in writing that may be required by any mortgagee, lien holder, commissioner, trustee, and/or purchaser so requesting it.
7. NON-COMPETE. If any airline agreement procured by AOG for the Transport expires or is terminated, Transport agrees not to engage in business dealings with that airline, except through AOG, for 24 months following the termination or expiration, whether voluntary or involuntary.
8. CONFIDENTIALITY. Transport and AOG, their officers, directors, agents or employees shall not disclose the existence or terms of this Agreement to any parties, including, but not limited to, other transportation companies, the airlines' management, employees, and union representatives.
9. ELECTRONIC SIGNATURES. Electronically transmitted executed copies of this Agreement shall be fully binding and effective for all purposes whether or not originally executed documents are transmitted to the other party. Each party agrees that this Agreement to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, Transport Company has executed this Agreement on the dates shown below and acknowledges that it has read, understood, and agreed with the terms and conditions stated in this Agreement.