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. 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? Alan At 04/12/2015 10:16 AM, Burr, Becky wrote:
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.
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 party¹s 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 ICANN¹s Bylaws to seek redress through an IRP. Nor does it modify the scope of ICANNs Mission.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington D.C. 20006 Office: +1.202.533.2932 Mobile: +1.202.352.6367 / <http://www.neustar.biz>neustar.biz _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community