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Becky, the current registry agreement is renewable every 10 years. Does
this term impact the ability of ICANN and registry to renew an existing
contract.<br><br>
Related to this, the RAA is alterable by negotiation between the parties.
Does this term alter tha ability of ICANN and Registrars to continueto
use terms in the contract which are not subject to Spec 4?<br><br>
Alan<br><br>
At 04/12/2015 10:16 AM, Burr, Becky wrote:<br><br>
<blockquote type=cite class=cite cite="">I want to circulate what I
believe is the agreed upon language regarding grandfathering, just to
make sure we are all on the same page. Not quite sure how we will
be handling post-publication changes like this we will probably need to
discuss on the next CCWG call. But in the meanwhile, I want to
capture the state of our discussion.<br><br>
<br>
3. For the avoidance of uncertainty, the language
of existing registry agreements and registrar accreditation agreements
should be grandfathered. This means that the parties who entered
into existing contracts intended (and intend) to be bound by those
agreements. It means that neither a contracting party nor anyone
else should be able to bring a case that any provisions of such
agreements on their face are ultra vires. It does not, however,
modify any contracting partys right to challenge the other partyıs
interpretation of that language. It does not modify the right of any
person or entity materially affected (as defined in the Bylaws) by an
action or inaction in violation ICANNıs Bylaws to seek redress through an
IRP. Nor does it modify the scope of ICANNs Mission.<br><br>
<b>J. Beckwith Burr <br>
Neustar, Inc. </b>/<b> </b>Deputy General Counsel & Chief Privacy
Officer<br>
1775 Pennsylvania Avenue NW, Washington D.C. 20006<br>
<b>Office: </b>+1.202.533.2932 <b>Mobile: </b>+1.202.352.6367
<b>/</b> <a href="http://www.neustar.biz"><b>neustar.biz</a><br>
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