At 02/06/2016 04:04 AM, Holly Raiche wrote:

I have also had a quick look
  Some of the redline text is about technical matters and I do not have the expertise to comment - so need another pair of eyes.  The only questions I would otherwise raised are:
In Cl 6.7, ICANN now can grant a fee waiver in its absolute discretion - without having to say why.  Do we think that is a problem?

It doesn't say they don't have to say why. It says it is at their sole discretion. It sounds like the waiver would be quid pro quo for something it gets in return ("Operator’s acceptance of the terms and conditions set forth in such waiver.") I have no specific information on when they might do this, but ICANN has used fee reductions as enticements to get registrars to move to new contracts, as an example.

In CL 7.5- in the earlier version of the contract, if there was a change of control that was okay, it had to be to an entity that is either wholly owned or directly connected to the Registry.  That test has been loosened to a wider test - again, is that a problem.

Doesn't sound like an issue that concerns me.The description of the changes is "Revision creates a new defined term, “Affiliated Assignee,” which has the effect of facilitating reorganizations by Registry Operator without triggering a consent right of ICANN. Revision also clarifies that the Affiliated Assignee’s assumption of the obligations under the Registry Agreement must be made in writing." I think it just acknowledges that corporate lawyers (and perhaps tax accountants) can be imaginative in how they change things.

Alan


Again, I leave the technical changes to others, but otherwise, don’t have comments

Holly
On 2 Jun 2016, at 7:18 am, Cheryl Langdon-Orr <langdonorr@gmail.com> wrote:

Hi all... I have also dine a *very quick once over*  and concur with Alans appraisal...  But note my particular pleasure at seeing the new language in 2.1.5 and more generally relating to IDN's and IANA Db Updates...  Others of course should as Alan suggested read and review as well...
On 2 Jun 2016 5:59 am, "Alan Greenberg" <alan.greenberg@mcgill.ca > wrote:
I did a quick read-through of the redline version of the contract and did not notice anything onerous, but it would be a good idea if one or more other people also reviewed it.

The redline version is at https://www.icann.org/en/system/files/files/draft-registry-agreement-amended-redline-31may16-en.pdf .

Alan


From: ICANN At-Large Staff <staff@atlarge.icann.org >
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Date: Wed, 1 Jun 2016 17:55:59 +0000
Subject: [At-Large] New Public Comment: Proposed Amendments to Base New gTLD Registry Agreement Follow Updates
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Dear All,

This is to let you know that the Public Comment on the ‘Proposed Amendments to Base New gTLD Registry Agreement Follow Updates' has now gone live: https://www.icann.org/public-comments/proposed-amend-new-gtld-agreement-2016-05-31-en

Public comment will end on 13 July 2016 23:59 UTC. During this period, anyone can submit comment via comments-proposed-amend-new-gtld-agreement-31may16@icann.org.

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