If it's in the contract, it needs to be enforced. Not just should be enforced. I'm not a lawyer (so Greg can perhaps correct me on this), but it seems to me that, if we routinely fail to enforce one provision of the contract, it weakens our position in trying to enforce any of the other provisions.

So, either enforce it or take it out. And if the other party, for whatever reason, needs a provision included, then by agreeing to it, we commit ourselves to enforcing it. If we are not willing/able to do so, then no contract.

Bill Jouris

On Sat, May 18, 2024 at 11:33 AM, Greg Shatan [NARALO] via CPWG
<cpwg@icann.org> wrote:

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