I thought I'd offer a few comments as I get the feeling that the text is basically the subject of general agreement at this point, and the earlier it can be sent to ICANN legal the earlier they can get back to you...
Be advised that just because I believe legal will be OK with something doesn't mean they absolutely will. But I won't suggest that they will below unless I really have very high faith in what I'm suggesting - FWIW
4.7 - in brackets:
I think this would be agreed to IF something like the phrase:
'subject to budgeting constraints and organisational priorities as developed in concert with all ICANN stakeholders'
I think the bracketed final 4.8 will probably be OK if you were to insert something like 'to the same extent that the board communicates on the same issues and concerns to other ICANN stakeholders' at the end of the phrase. This gives you equivalence with everyone else; I doubt they would wish to formally give one group of stakeholders better treatment than they give to all the others.
6.5 placeholder: I doubt this would be accepted, as it could perhaps be viewed as making the entire agreement enforceable by every member of the public. I won't repeat the previous comments on this subject as they are pretty well-known I expect.
-- Regards,
Nick Ashton-Hart
Director, At-Large
ICANN
PO Box 32160
London N4 2XY
United Kingdom
Main Tel: +44 (20) 8800-1011]
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