Failure to Perform in Good Faith. In the event Registry Operator shall have been repeatedly and willfully in fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section 7.3, and arbitrators in accordance with Section 5.1(b) of this Agreement repeatedly have found Registry Operator to have been in fundamental and material breach of this Agreement, including in at least three separate awards, then the arbitrators shall award such punitive, exemplary or other damages as they may believe appropriate under the circumstances.
Failure to Perform in Good Faith. In the event Registry Operator shall have been repeatedly and willfully in fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section 7.3, and arbitrators in accordance with Section 5.1(b) of this Agreement repeatedly have found Registry Operator to have been in fundamental and material breach of this Agreement, including in at least three separate awards, then ICANN may request the arbitrators award such punitive, exemplary, or other damages as they may believe appropriate under the circumstances. Notwithstanding the foregoing, ICANN is not precluded from seeking any other remedy available to it under this Agreement including seeking any available remedy from an arbitrator.
Failure to Perform in Good Faith. In the event Sponsor shall have been repeatedly and willfully in fundamental and material breach of Sponsor’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section 7.2, and arbitrators in accordance with Section 5.1(b) of this Agreement repeatedly have found Sponsor to have been in fundamental and material breach of this Agreement, including in at least three separate awards, then ICANN may request the arbitrators award such punitive, exemplary or other damages as they may believe appropriate under the circumstances.
Failure to Perform in Good Faith. In the event SponsorRegistry Operator shall have been repeatedly and willfully in fundamental and material breach of Sponsor’sRegistry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e);; Section
Failure to Perform in Good Faith. IN THE EVENT REGISTRY OPERATOR SHALL HAVE BEEN REPEATEDLY AND WILLFULLY IN FUNDAMENTAL AND MATERIAL BREACH OF REGISTRY OPERATOR’S OBLIGATIONS SET FORTH IN SECTIONS 3.1(A), (B), (D) OR (E); SECTION 5.2 OR SECTION 7.3, AND ARBITRATORS IN ACCORDANCE WITH SECTION 5.1(B) OF THIS AGREEMENT REPEATEDLY HAVE FOUND REGISTRY OPERATOR TO HAVE BEEN IN FUNDAMENTAL AND MATERIAL BREACH OF THIS AGREEMENT, INCLUDING IN AT LEAST THREE SEPARATE AWARDS, THEN ICANN MAY (I) REQUEST THE ARBITRATORS AWARD SUCH PUNITIVE, EXEMPLARY OR OTHER DAMAGES AS THEY MAY BELIEVE APPROPRIATE UNDER THE CIRCUMSTANCES, WHICH MONETARY DAMAGES SHALL NOT, HOWEVER, COMMENCING WITH THE FIRST FULL CALENDAR YEAR FOLLOWING THE EFFECTIVE DATE EXCEED (A) US$2,000,000 DURING THE FIRST CALENDAR YEAR, (B) US$5,000,000 DURING THE SECOND THROUGH SIXTH CALENDAR YEARS, AND (C) US$10,000,000 DURING THE SEVENTH THROUGH TENTH CALENDAR YEARS, AND ANY RENEWAL TERMS OF THIS AGREEMENT; OR
Failure to Perform in Good Faith. In the event Registry Operator shall have been repeatedly and willfully in fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section 7.3, and arbitrators in accordance with Section 5.1(b) of this Agreement repeatedly have found Registry Operator to have been in fundamental and material breach of this Agreement, including in at least three separate awards, then ICANN may
i. request the arbitrators award such punitive, exemplary or other damages as they may believe appropriate under the circumstances, which monetary damages shall not, however, commencing with the first full calendar year following the Effective Date exceed (A) US$2,000,000 during the first calendar year, (B) US$5,000,000 during the second through sixth calendar years, and (C) US$10,000,000 during the seventh through tenth calendar years, and any renewal terms of this Agreement; or
ii. terminate this Agreement in writing effective fourteen (14) days from the date of such notice, subject to Registry Operator’s right under Section 5.1 (b) to seek a temporary stay or injunctive relief from the arbitration panel or a court. Notwithstanding the foregoing, ICANN is not precluded from seeking any other remedy available to it under this Agreement including seeking any available remedy from an arbitrator.
Failure to Perform in Good Faith. In the event Registry Operator shall have been repeatedly and willfully in fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2, and arbitrators in accordance with Section 5.1(b) of this Agreement repeatedly have found Registry Operator to have been in fundamental and material breach of this Agreement, including in at least three separate awards, then the arbitrators shall award such punitive, exemplary or other damages as they may believe appropriate under the circumstances. Changes [to the Agreement] A provision outlining the process for making changes to the base agreement were incorporated into the 2007 agreement. Bulk Zone File Access No substantive differences between 2001 agreement and 2007 agreement. Registration Restrictions No substantive differences between 2001 agreement and 2007 agreement. Functional and Performance In the 2007 agreement the functional and performance specifications were consolidated into one provision and simplified. Specification Fees paid to ICANN A summary of the fees applicable to the 2007 agreement can be found in the table above. Fee Caps For the 2007 proposed agreement, this is addressed in Section 7.3 – Pricing for Domain Name Registrations and Registry Services [No] Rights in Data The rights in data provision was moved to the termination section of the proposed 2007 agreement (see above) with no substantive changes. Indemnification Provisions Indemnification of Registry Operator has been removed for the 2007 agreement. [Compliance with existing] Consensus Policies The 2007 GNR Registry Agreement has an updated and simplified consensus policies provision. The Consensus Policies section in the 2007 agreement is an outline with web links to the full text, whereas the 2001 agreement provided a list of relevant policies. [Protection of] Personal Data No substantive differences between 2001 agreement and 2007 agreement. Registrations Not Sponsored by Registrars Under Registry-Registrar Agreements This provision was not included in the 2007 agreement, see, however Appendix 6 to proposed 2007 renewal registry agreement. Pricing Adjustments Arising from New or Adjusted Specifications or Policies. This provision, as well as Appendix G, are not included in the 2007 agreement. Limitation of Liability No material differences between 2001 agreement and 2007 agreement. Miscellaneous Terms Compliance with Laws provision has been added to the 2007 agreement. The...
