Has the DAL MEC addressed the following language precludes the mainline/DCI block hour ratios from being enforced unless DALPA has control over the language in the DAL & DCI CPAs?

Company will be excused from compliance with the provisions of this Note in the event a circumstance over which the Company does not have control is the cause of such non-compliance.

Also, is this T/A really cost-neutral for DAL in the face of a projected $2B profit before oil dropped to $83/barrel?