[client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)

Flanagan, Sharon sflanagan at sidley.com
Fri Jun 3 22:00:37 UTC 2016


Dear All,

I have not heard further on whether C.8.2 is also required to be addressed.  I understand Paul is fine without it and is focused on C.8.3.  

Could someone please advise?

Thanks

SHARON R. FLANAGAN


SIDLEY AUSTIN LLP
+1 415 772 1271
sflanagan at sidley.com

-----Original Message-----
From: Paul M Kane [mailto:Paul.Kane at icb.co.uk] 
Sent: Wednesday, June 01, 2016 9:57 AM
To: Lise Fuhr; Flanagan, Sharon; Client Committee
Cc: 'Grace Abuhamad'
Subject: Re: [client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)

My issue is C8.3 - which has not been addressed ... specifically the
last part of:

....shall not be, in any manner, predicated or conditioned on the
existence or entry into any contract, agreement or negotiation between
the Contractor and any party requesting such changes or any other
third-party.


During a call today C8.2 was raised ... this is not my issue and it may
have been covered already... may be it is more of a contract issue
rather than a Bylaw issue.

Best

Paul

On 01/06/16 17:38, Lise Fuhr wrote:
> As I understood it both were equally important. But since Paul is cc on this email I believe he should confirm it.
> Best,ave 
> Lise
> 
> -----Original Message-----
> From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
> Sent: 01 June 2016 18:36
> To: Lise Fuhr; Client Committee
> Cc: Paul Kane; 'Grace Abuhamad'
> Subject: RE: [client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)
> 
> Thanks for the clarification.  Paul Kane separately emailed and referred to C.8.3 (which tracks the language originally quoted below).  Is it also C.8.2 or just C.8.3?
> 
> Best,
> Sharon
> 
> SHARON R. FLANAGAN
> 
> 
> SIDLEY AUSTIN LLP
> +1 415 772 1271
> sflanagan at sidley.com
> 
> -----Original Message-----
> From: Lise Fuhr [mailto:Fuhr at etno.eu] 
> Sent: Wednesday, June 01, 2016 7:09 AM
> To: Flanagan, Sharon; Client Committee
> Cc: Paul Kane; 'Grace Abuhamad'
> Subject: RE: [client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)
> Importance: High
> 
> Hi Sharon, 
> Paul's concerns is actually relating to Section C.8.2. - 8.3. in the NTIA/ICANN contract and not the C.2.9.2 and this seems not be covered by the proposed language.
> Best,
> Lise
> 
> 
> -----Original Message-----
> From: cwg-client-bounces at icann.org [mailto:cwg-client-bounces at icann.org] On Behalf Of Grace Abuhamad
> Sent: 31 May 2016 21:10
> To: Client Committee
> Cc: Paul Kane
> Subject: [client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)
> 
> Forwarding Paul’s response below. 
> 
> On 5/26/16, 7:42 AM, "Paul M Kane" <Paul.Kane at icb.co.uk> wrote:
> 
>> Thanks Grace and Sharon
>>
>> The draft Bylaws (as a non-lawyer) look fine.... I think we are almost there.... 
>>
>> Looking at the current NTIA/ICANN contract the goal is to ensure 
>> stability of each ccTLD Registry and the Registry's customers - ie 
>> nothing is done by
>> PTI(IANA) to impact the stable operation of the ccTLD Registry
>>
>> Section C.2.9.2
>> (https://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_aw
>> ard_and_sacs.pdf) , shall not be, in any manner, predicated or 
>> conditioned on the existence or entry into any contract, agreement or 
>> negotiation between the Contractor and any party requesting such 
>> changes or any other third party
>>
>> This forces PTI/IANA to refer the all matters to the current Registry 
>> Operator... and IANA/PTI does not interfere in the operation of that ccTLD Registry.
>>
>> Best
>>
>> Paul
>> .
>> .  
>>
>>>
>>> -------- Forwarded Message --------
>>> Subject: 	FW: [client com] Draft Provisions for PTI Bylaws/Contract -
>>> Annex C (Sections 7and 8)
>>> Date: 	Tue, 24 May 2016 21:29:54 +0000
>>> From: 	Grace Abuhamad <grace.abuhamad at icann.org>
>>> To: 	Paul Kane <paul.kane-cwg at icb.co.uk>, Paul Kane <Paul.Kane at icb.co.uk>
>>>
>>>
>>>
>>> Hi Paul,
>>>
>>> Forwarding this to you per Sharon’s request.
>>>
>>>
>>>
>>> --
>>>
>>> *Grace Abuhamad*
>>>
>>> Manager, Public Policy
>>>
>>>
>>>
>>> *ICANN | Internet Corporation for Assigned Names and Numbers*
>>>
>>> 801 17th Street NW, Suite 400 | Washington, DC 20006
>>>
>>> Direct: +1 202 249 7545 | Mobile: +1 310 200 7638
>>>
>>>
>>>
>>> *Interested in the IANA Stewardship Transition? *
>>>
>>> *LEARN MORE <https://www.icann.org/stewardship-accountability>. STAY 
>>> UPDATED <https://www.icann.org/stewardship-accountability#status>. 
>>> FOLLOW <https://twitter.com/icann>. ENGAGE 
>>> <https://www.icann.org/stewardship-accountability#involved>. *
>>>
>>>
>>>
>>> *From: *<cwg-client-bounces at icann.org> on behalf of Sharon Flanagan 
>>> <sflanagan at sidley.com>
>>> *Date: *Monday, May 23, 2016 at 7:32 PM
>>> *To: *Client Committee <cwg-client at icann.org>
>>> *Subject: *[client com] Draft Provisions for PTI Bylaws/Contract - 
>>> Annex C (Sections 7and 8)
>>>
>>>
>>>
>>> Dear Client Committee,
>>>
>>>
>>>
>>> Following up on our call today, attached is a draft of proposed 
>>> language to reflect Sections 7 and 8 of Annex C to the CWG proposal.
>>>
>>>
>>>
>>> Grace – could you please forward to Paul Kane?
>>>
>>>
>>>
>>> Best regards,
>>>
>>> Sharon
>>>
>>> *SHARON R. FLANAGAN*
>>>
>>>
>>> *SIDLEY AUSTIN LLP*
>>> 555 California Street
>>> Suite 2000
>>> San Francisco, CA 94104
>>> +1 415 772 1271
>>> sflanagan at sidley.com <mailto:sflanagan at sidley.com> www.sidley.com 
>>> <http://www.sidley.com>
>>>
>>> *mage removed by sender. SIDLEY*
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>
>>
> 
> 
> 


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