If no, please explain
The RySG notes that some of the changes proposed were not adopted in this final version of the Applicant Guidebook. The RySG is still concerned about clause 9 and the failure to adequately address “changes of control” of the Application. The language states only that the applicant may not resell, assign or transfer the application. It says nothing about the ownership of the Applicant changing. It is true that Clause 9 states that “Applicant agrees to promptly (and in any event within seven (7) days of becoming aware of any fact or circumstance giving rise to such obligation) notify ICANN in writing of any . . .material changes in any information, documents or written materials submitted in connection this Application that could adversely affect the results of the evaluation of this Application” [Emphasis Added]. However: 1. The Underlined portion represents a change in this new version and it creates ambiguity. What if, for example, an Applicant fails to report a change of control because in its view, a change of control would not “adversely affect” the results of the evaluation? It may impact the Application and/or the Applicant, but it may have no bearing on the evaluation results. 2. Earlier in the paragraph, the terms state that any material misrepresentation may cause ICANN to reject this application, but what is the ramification of the misstatement or misrepresentation is found out after the application passes evaluation or after a contract is signed? 3. In addition, the earlier statement about rejecting an application applies only to the original application and any misrepresentations or misstatements. It does not necessarily apply to the assignment of the application or the failure to update ICANN about material changes (including change of control).
