Registration Data Access Protocol. (A) Within ten calendar days following the date ICANN provides notice to registry operators under registry agreements that are the same or substantially similar to the “Base Registry Agreement” (defined as the registry agreement set forth at xxxxx://xxx.xxxxx.xxx/resources/pages/registries/registries-agreements-en, as may be amended from time to time) setting forth the effective date of an amendment (the “RDAP Global Amendment”) to such registry agreements implementing RDAP (the “Global Amendment Notice Date”), either party may send the other written notice to initiate good faith negotiations to revise the terms of Appendix 5B (and other terms of the Agreement solely as are necessary to incorporate the terms set forth in the RDAP Global Amendment), including adding new terms (as appropriate), related to RDDS (as defined in Appendix 5A), the RDAP Service (as defined in Appendix 5B) and/or sunsetting of the Whois Service (“RDAP Negotiation Request”). Upon such RDAP Negotiation Request, the parties agree to negotiate in good faith to revise Appendix 5B, provided (i) one or more terms set forth in the RDAP Global Amendment differ from those set forth in Appendix 5B or other provisions of the Agreement; (ii) the terms requested to be negotiated do not remove or lessen protections set forth in Section 1.7, and Sections 2.3 through Section 2.6 of Appendix 5B, provided, however, the Parties agree that if there is a fundamental change to the definition of RDAP Service, as set forth in Section 1.3 of Appendix 5B (provided that a change to the RDAP Response Profile as referenced in Appendix 5B, Section
Appears in 2 contracts
Samples: Registry Registrar Agreement, Registry Registrar Agreement
Registration Data Access Protocol. (A) Within ten calendar days following the date ICANN provides notice to registry operators under registry agreements that are the same or substantially similar to the “Base Registry Agreement” (defined as the registry agreement set forth at xxxxx://xxx.xxxxx.xxx/resources/pages/registries/registries-agreements-en, as may be amended from time to time) setting forth the effective date of an amendment (the “RDAP Global Amendment”) to such registry agreements implementing RDAP (the “Global Amendment Notice Date”), either party may send the other written notice to initiate good faith negotiations to revise the terms of Appendix 5B (and other terms of the Agreement solely as are necessary to incorporate the terms set forth in the RDAP Global Amendment), including adding new terms (as appropriate), related to RDDS (as defined in Appendix 5A), the RDAP Service (as defined in Appendix 5B) and/or sunsetting of the Whois Service (“RDAP Negotiation Request”). Upon such RDAP Negotiation Request, the parties agree to negotiate in good faith to revise Appendix 5B, provided (i) one or more terms set forth in the RDAP Global Amendment differ from those set forth in Appendix 5B or other provisions of the Agreement; (ii) the terms requested to be negotiated do not remove or lessen protections set forth in Section 1.7, Section 1.8 and Sections 2.3 through Section 2.6 2.9 of Appendix 5B, provided, however, the Parties agree that if there is a fundamental change to the definition of RDAP Service, as set forth in Section 1.3 of Appendix 5B (provided that a change to the RDAP Response Profile as referenced in Appendix 5B, SectionSection 1.3 will not be considered a fundamental change for purposes of this subsection), then the Parties will extend the timeframe set forth in the definition of “Ramp- up Period” in Section 2.4 of Appendix 5B by 90 days, and extend the timeframe set forth in Section 2.3(i) of Appendix 5B by six months; and (iii) the terms are reasonably applicable to the TLD. In addition, except to the extent in the reasonable judgment of Registry Operator, the implementation of any such terms could jeopardize the security and stability of the TLD, the parties agree that the terms set forth in the RDAP Global Amendment related to RDDS (as defined in Appendix 5A), the RDAP Service (as defined in Appendix 5B) and/or sunsetting of the Whois Service shall be incorporated into Appendix 5B (and other terms of the Agreement solely as are necessary to incorporate such terms), in the form and substance such provisions are set forth in the RDAP Global Amendment.
Appears in 2 contracts
Samples: Com Registry Agreement, Com Registry Agreement
Registration Data Access Protocol. (A) Within ten calendar days following the date ICANN provides notice to registry operators under registry agreements that are the same or substantially similar to the “Base Registry Agreement” (defined as the registry agreement set forth at xxxxx://xxx.xxxxx.xxx/resources/pages/registries/registries-agreements-en, as may be amended from time to time) setting forth the effective date of an amendment (the “RDAP Global Amendment”) to such registry agreements implementing RDAP (the “Global Amendment Notice Date”), either party may send the other written notice to initiate good faith negotiations to revise the terms of Appendix 5B (and other terms of the Agreement solely as are necessary to incorporate the terms set forth in the RDAP Global Amendment), including adding new terms (as appropriate), related to RDDS (as defined in Appendix 5A), the RDAP Service (as defined in Appendix 5B) and/or sunsetting of the Whois Service (“RDAP Negotiation Request”). Upon such RDAP Negotiation Request, the parties agree to negotiate in good faith to revise Appendix 5B, provided (i) one or more terms set forth in the RDAP Global Amendment differ from those set forth in Appendix 5B or other provisions of the Agreement; (ii) the terms requested to be negotiated do not remove or lessen protections set forth in Section 1.7, Section 1.8 and Sections 2.3 through Section 2.6 2.9 of Appendix 5B, provided, however, the Parties agree that if there is a fundamental change to the definition of RDAP Service, as set forth in Section 1.3 of Appendix 5B (provided that a change to the RDAP Response Profile as referenced in Appendix 5B, SectionSection 1.3 will not be considered a fundamental change for purposes of this subsection), then the Parties will extend the timeframe set forth in the definition of “Ramp-up Period” in Section 2.4 of Appendix 5B by 90 days, and extend the timeframe set forth in Section 2.3(i) of Appendix 5B by six months; and (iii) the terms are reasonably applicable to the TLD. In addition, except to the extent in the reasonable judgment of Registry Operator, the implementation of any such terms could jeopardize the security and stability of the TLD, the parties agree that the terms set forth in the RDAP Global Amendment related to RDDS (as defined in Appendix 5A), the RDAP Service (as defined in Appendix 5B) and/or sunsetting of the Whois Service shall be incorporated into Appendix 5B (and other terms of the Agreement solely as are necessary to incorporate such terms), in the form and substance such provisions are set forth in the RDAP Global Amendment.
Appears in 1 contract
Samples: Escrow Agreement (Verisign Inc/Ca)