Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below: 9.1 One of the following notices: 9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or 9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or 9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or 9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or 9.1.5 A written notice by Registry Operator that all of the following have occurred: 9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and 9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and 9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or 9.1.6 A written notice by Registry Operator that all of the following have occurred: 9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and 9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and 9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or 9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or 9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and 9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and 9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and 9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 4 contracts
Samples: Sponsored TLD Registry Agreement, Sponsored TLD Registry Agreement, Sponsored TLD Registry Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI terminated, pursuant to Section 6.1 of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry, pursuant to the terms of the Registry Operator Agreement, including any applicable dispute resolution mechanisms contained therein, that the Registry Operator Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, SponsorRegistry, and ICANN requesting Escrow Agent to effect such delivery to SponsorRegistry, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent and Registry Operator of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent Operator of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by Registry or ICANN that release of the Deposits is mandated by non- non-payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement (a copy of which ICANN or Registry has provided to Registry Operator) that mandates the release of the Deposits to ICANN and/or Registry OperatorRegistry; and
9.2 Evidence satisfactory to Escrow Agent that ICANN ICANN, Registry Operator, or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party party(ies) in writing; and
9.3 Written instructions from ICANN ICANN, Registry, or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN ICANN, Registry, or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored Registry Operator Agreement or the TLD Registry Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposesAgreement, as applicable. Upon release of any Deposits to ICANN, Registry Operator Registry, or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 2 contracts
Samples: Sponsored TLD Registry Agreement, Sponsored TLD Registry Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Operator Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Operator Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Operator Agreement; or
9.1.2 A written notice by Registry Operator that the Sponsored TLD Registry Operator Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- non-payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Operator Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Data Escrow Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to SponsorRegistry, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry OperatorRegistry’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- non-payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry OperatorRegistry; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Sponsored TLD Registry Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Operator Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Operator Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Operator Agreement; or
9.1.2 A written notice by Registry Operator that the Sponsored TLD Registry Operator Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Operator Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Data Escrow Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, Operator and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under under
(i) the terms of the Sponsored TLD Registry Agreement and (ii) undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposespurposes and (iii) the UK Data Protection Act. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Data Escrow Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- non-payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Sponsored TLD Registry Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Agreement and undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the - 35 - same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Sponsored TLD Registry Agreement
Release of Deposits. Within five business days after receipt of any required documents and/or notices specified in this Section 9, Escrow Agent shall deliver all Deposits in Escrow Agent's possession (i) to Registry Operator in the event of a release pursuant to any of Sections 9.1.2, or 9.1.5, 9.1.6, 9.1.7 and 9.1.8 or (ii) to ICANN in the event of a release pursuant to Sections 9.1.1, 9.1.4, 9.1.7, or 9.1.8, or (iii) the party designated in the event of a release pursuant to Section 9.1.3, in the event that the Escrow Agent receives all of the items required by Sections 9.1, 9.2, 9.3, and 9.4 below:
9.1 One of the following notices:
9.1.1 A written notice by ICANN that the Sponsored TLD Registry Agreement has: (i) expired without renewal, pursuant to Subsection 4.1 of the Sponsored TLD Registry Agreement, or (ii) been terminated in accordance with Article VI of the Sponsored TLD Registry Agreement; or
9.1.2 A written notice by Registry Operator that the Registry Agreement has expired without renewal or been terminated; or
9.1.3 A written notice by Registry Operator, Sponsor, and ICANN requesting Escrow Agent to effect such delivery to Sponsor, ICANN, or replacement escrow agent; or
9.1.4 A written notice by ICANN that it has received no successful verification report from Escrow Agent relating to a Full Deposit reflecting the Registry Database as of any date within the past month; or
9.1.5 A written notice by Registry Operator that all of the following have occurred:
9.1.5.1 Registry Operator failed, with respect to (a) any Full Deposit or (b) five Incremental Deposits within any calendar month, to receive, within five calendar days after the Deposit's scheduled delivery date, notification of receipt from Escrow Agent; and
9.1.5.2 Registry Operator gave notice to Escrow Agent of that failure; and
9.1.5.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.5.2, received notice from Escrow Agent that the Deposit has or the Deposits have been received; or
9.1.6 A written notice by Registry Operator that all of the following have occurred:
9.1.6.1 Registry Operator has received notification from Escrow Agent of failed verification of a Full Deposit or of failed verification of five Incremental Deposits within any calendar month; and
9.1.6.2 Registry Operator gave notice to Registry Operator’s agent of that receipt; and
9.1.6.3 Registry Operator has not, within seven calendar days after the notice under Section 9.1.6.2, received notice from Escrow Agent of verification of a remediated version of the Deposit; or
9.1.7 A written notice by ICANN that release of the Deposits is mandated by non- payment of any fees due to Escrow Agent, pursuant to Section 15 of this Agreement; or
9.1.8 A written notice by ICANN or Registry Operator that a court, arbitral, legislative, or government agency of competent jurisdiction has issued an order, rule, statute, regulation, or other requirement that mandates the release of the Deposits to ICANN and/or Registry Operator; and
9.2 Evidence satisfactory to Escrow Agent that ICANN or Registry Operator (whichever gave the notice under Section 9.1) has previously notified the other party in writing; and
9.3 Written instructions from ICANN or a replacement escrow agent (see Section 9.1.3) that the Deposits be released and delivered to whichever of them provided such written instructions; and
9.4 A written undertaking by the party(ies) receiving the Deposits (ICANN or a replacement escrow agent) that the Deposits will be used only as permitted under the terms of the Sponsored TLD Registry Agreement Agreement, and in compliance with the laws of Ireland applicable to the use of personal data and any related undertakings made in writing to registrants at registration including with respect to the collection and use of personal information about the registrant for marketing purposes. Upon release of any Deposits to ICANN, Registry Operator or a replacement escrow agent, Escrow Agent shall at the same time deliver to Registry Operator a photostatic copy of the notice it received from Registry Operator and/or ICANN and/orICANN under Sections 9.1.1 to 9.1.8, as applicable.
Appears in 1 contract
Samples: Data Escrow Agreement