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.
Appears in 6 contracts
Samples: Sponsored TLD Registry Agreement, Sponsored TLD Registry Agreement, TLD Registry Agreement
