Common use of Resolution of Disputes Under this Agreement Clause in Contracts

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s failure to renew Registrar’s accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three arbitrators: each party shall choose one arbitrator and, if those two arbitrators do not agree on a third arbitrator, the third shall be chosen by the AAA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect of staying the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s 's accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three arbitrators: each party shall choose one arbitrator and, if those two arbitrators do not agree on a third arbitrator, the third shall be chosen by the AAA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect of staying the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement4.

Resolution of Disputes Under this Agreement. Disputes Subject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There Except as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of Registrar until the arbitration decision is rendered. In furtherance of sub- clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-party to manage the operations of Registrar upon Registrar’s request and if the panel deems it appropriate. In selecting the third-party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. Any order granting a request for specific performance and a stay must be issued within fourteen (14) days after the filing of the arbitration. If an order granting a request for a stay is not issued within fourteen (14) days, ICANN has the right to proceed with the termination of this Agreement pursuant to Section 5.5 or suspension of Registrar has failed pursuant to comply with such rulingSection 5.7.1. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s ICANN Board of Director's determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement. 41. Section 7.3.2 is hereby amended and restated in its entirety as follows:

Resolution of Disputes Under this Agreement. Disputes Subject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1a) disputes arising from ICANN’s 's failure to renew RegistrarProvider’s accreditation Accreditation and (2b) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There Except as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar Provider initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Provider by ICANN pursuant to Section 5.7.1, Registrar Provider may at the same time request that the arbitration panel arbitrator stay the termination or suspension until the arbitration decision is rendered. The arbitrator shall order a stay: (i) upon showing by Provider that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitrator of staying a qualified third party to manage the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy operations of Provider until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement furtherance of sub-clause (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; howeverii) above, the parties shall also have arbitrator is hereby granted all necessary authority to appoint a qualified third- party to manage the right to enforce a judgment operations of such a court in any court of competent jurisdictionProvider upon Provider’s request and if the panel deems it appropriate. For In selecting the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitrationthird-party manager, the parties arbitrator shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angelestake into consideration, California, USA, which but shall not be bound by, any expressed preferences of Provider. Any order granting a waiver of this arbitration agreement.request for a stay must be issued within fourteen

Resolution of Disputes Under this Agreement. Disputes Subject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1a) disputes arising from ICANN’s 's failure to renew RegistrarProvider’s accreditation Accreditation and (2b) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 Section 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There Except as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar Provider initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Provider by ICANN pursuant to Section 5.7.1, Registrar Provider may at the same time request that the arbitration panel arbitrator stay the termination or suspension until the arbitration decision is rendered. The arbitrator shall order a stay: (i) upon showing by Provider that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitrator of staying a qualified third party to manage the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy operations of Provider until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement furtherance of sub-clause (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; howeverii) above, the parties shall also have arbitrator is hereby granted all necessary authority to appoint a qualified third- party to manage the right to enforce a judgment operations of such a court in any court of competent jurisdictionProvider upon Provider’s request and if the panel deems it appropriate. For In selecting the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitrationthird-party manager, the parties arbitrator shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angelestake into consideration, California, USA, which but shall not be bound by, any expressed preferences of Provider. Any order granting a waiver of this arbitration agreement.request for a stay must be issued within fourteen

Resolution of Disputes Under this Agreement. Revision accounts Disputes Subject to the limitations set forth in Section 6 for defined term and and Section 7.4, disputes arising under or in connection clarification of with this Agreement, including (1) disputes arising from arbitration ICANN’s 's failure to renew Registrar’s accreditation 's procedures, accreditationAccreditation and (2) requests for specific including the performance, shall be resolved in a court of competent number of jurisdiction or, at the election of either party, by an arbitrators and the arbitration conducted as provided in this Subsection 5.6 selection of the 5.65.8 pursuant to the International Arbitration Rules of arbitrator, and the the American Arbitration Association (“"AAA”"). The timing and process arbitration shall be conducted in English and shall occur associated with in Los Angeles County, California, USA. There ThereExcept as stays. set forth in Section 7.4.5, there shall be three (3) arbitrators: each party shall choose one (1) arbitrator and, if those two arbitrators (2)agreed by the parties from a list of AAA arbitrators, or if parties do not agree on a third thirdan arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third shall be chosen by the AAAAAAAAA shall choose and appoint an arbitrator, paying due regard to the arbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitratorsarbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitratorsarbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitratorsarbitrator shall render their theirits decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect ICANN pursuant to Section 5.5 or suspension of staying the termination until the arbitration panel has granted an Registrar’s ability to create new Registered Names or initiate inbound transfers of Registered Names underRegistrar by ICANN request for specific performance and Registrar has failed pursuant to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Section 2.1

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s 's accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 Section II.P pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three arbitrators: each party shall choose one arbitrator and, if those two arbitrators do not agree on a third arbitrator, the third shall be chosen by the AAA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar Registar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect of staying the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Section I.

Resolution of Disputes Under this Agreement. Disputes DisputesSubject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There ThereExcept as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have the effect of staying the termination until or (ii) upon appointment by the arbitration panel has granted an ICANN request for specific performance and of a qualified third party to manage the operations of the Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered. In furtherance of sub-­‐clause (ii) above, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has is hereby granted an ICANN request for lifting all necessary authority to appoint a qualified third-­‐party to manage the operations of the stayRegistrar upon the Registrar’s request and if the panel deems it appropriate. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award)selecting the third-­‐party manager, jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angelesshall take into consideration, California, USA, which but shall not be bound by, any expressed preferences of Registrar. Any order granting a waiver of this arbitration agreement.request for a stay must be issued within fourteen

Resolution of Disputes Under this Agreement. Disputes Subject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There Except as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of the Registrar until the arbitration decision is rendered. In furtherance of sub-­‐clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-­‐party to manage the operations of the Registrar upon the Registrar’s request and if the panel deems it appropriate. In selecting the third-­‐party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. Any order granting a request for specific performance and a stay must be issued within fourteen (14) days after the filing of the arbitration. If an order granting a request for a stay is not issued within fourteen (14) days, ICANN has the right to proceed with the termination of this Agreement pursuant to Section 5.5 or suspension of the Registrar has failed pursuant to comply with such rulingSection 5.7.1. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s ICANN Board of Director's determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) calendar days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of the Registrar until the arbitration decision is rendered. In furtherance of sub-­‐clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-­‐party to manage the operations of the Registrar upon the Registrar’s request and if the panel deems it appropriate. In selecting the third-­‐party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. Any order granting a request for specific performance and a stay must be issued within ten (10) business days after the filing of the arbitration. If an order granting a request for a stay is not issued within ten (10) business days, ICANN has the right to proceed with the termination of this Agreement pursuant to Section 5.5 or suspension of the Registrar has failed pursuant to comply with such rulingSection 5.7.1. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s ICANN Board of Director's determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) calendar days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of the Registrar until the arbitration decision is rendered. In furtherance of sub-­‐clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-­‐party to manage the operations of the Registrar upon the Registrar’s request and if the panel deems it appropriate. In selecting the third-­‐party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. Any order granting a request for specific performance and a stay must be issued within tenfourteen (1014) business days after the filing of the arbitration. If an order granting a request for a stay is not issued within tenfourteen (1014) business days, ICANN has the right to proceed with the termination of this Agreement pursuant to Section 5.5 or suspension of the Registrar has failed pursuant to comply with such rulingSection 5.7.1. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Subsection

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s 's accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three (3) arbitrators: each party shall choose one (1) arbitrator and, if those two (2) arbitrators do not agree on a third arbitrator, the third shall be chosen by the AAA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators shall render their decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN or suspension of Registrar's ability to create new Registered Names or initiate inbound transfers of Registered Names under Section 2.1 above, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of the Registrar until the arbitration decision is rendered. In furtherance of sub-clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-party to manage the operations of the Registrar upon the Registrar's request for specific performance and Registrar has failed to comply with such rulingif the panel deems it appropriate. In selecting the third-party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement4.

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's Accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Registrar by ICANN pursuant to Section 5.7.1, Registrar may at the same time request that the arbitration panel stay the termination or suspension until the arbitration decision is rendered. The arbitration panel shall order a stay: (i) upon showing by Registrar that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitration panel of staying a qualified third party to manage the termination operations of the Registrar until the arbitration decision is rendered. In furtherance of sub-­‐clause (ii) above, the arbitration panel has is hereby granted an ICANN all necessary authority to appoint a qualified third-­‐party to manage the operations of the Registrar upon the Registrar’s request and if the panel deems it appropriate. In selecting the third-­‐party manager, the arbitration panel shall take into consideration, but shall not be bound by, any expressed preferences of Registrar. Any order granting a request for specific performance and a stay must be issued within fourteen (14) days after the filing of the arbitration. If an order granting a request for a stay is not issued within fourteen (14) days, ICANN has the right to proceed with the termination of this Agreement pursuant to Section 5.5 or suspension of the Registrar has failed pursuant to comply with such rulingSection 5.7.1. In the event Registrar initiates arbitration to contest an Independent Review Panel’s 's decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Subsection

Resolution of Disputes Under this Agreement. Disputes DisputesSubject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's accreditationAccreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.65.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There ThereExcept as set forth in Section 7.4.5, there shall be three (3) arbitrators: each party shall choose one (1) arbitrator and, if those two arbitrators (2)agreed by the parties from a list of AAA arbitrators, or if parties do not agree on a third thirdan arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third shall be chosen by the AAAAAAAAA shall choose and appoint an arbitrator, paying due regard to the arbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitratorsarbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitratorsarbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitratorsarbitrator shall render their theirits decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect ICANN pursuant to Section 5.5 or suspension of staying the termination until the arbitration panel has granted an Registrar’s ability to create new Registered Names or initiate inbound transfers of Registered Names underRegistrar by ICANN request for specific performance and Registrar has failed pursuant to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Section 2.1

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANNRegistry’s failure to renew Registrar’s accreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either partyParty, by an arbitration conducted as provided in this Subsection 5.6 Section 13 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles CountyNew York, CaliforniaNew York, USA. There shall be three arbitrators: each party Party shall choose one arbitrator and, if those two arbitrators do not agree on a third arbitrator, the third shall be chosen by the AAA. The parties Parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the AAA rules. The parties Parties shall bear their own attorneys’ fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNRegistry, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect of staying the termination until the arbitration panel has granted an ICANN a Registry request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN Registry concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los AngelesNew York, CaliforniaNew York, USA; however, the parties Parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties Parties during the pendency of an arbitration, the parties Parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los AngelesNew York, CaliforniaNew York, USA, which shall not be a waiver of this arbitration agreement.

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's accreditationAccreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.65.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three (3) arbitrators: each party shall choose one (1) arbitrator and, if those two arbitrators (2)agreed by the parties from a list of AAA arbitrators, or if parties do not agree on a third thirdan arbitrator within fifteen (15) calendar days of the AAA request that the parties designate an arbitrator, the third shall be chosen by the AAAAAAAAA shall choose and appoint an arbitrator, paying due regard to the arbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitratorsarbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitratorsarbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitratorsarbitrator shall render their theirits decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect ICANN pursuant to Section 5.5 or suspension of staying the termination until the arbitration panel has granted an Registrar’s ability to create new Registered Names or initiate inbound transfers of Registered Names underRegistrar by ICANN request for specific performance and Registrar has failed pursuant to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Section 2.1

Resolution of Disputes Under this Agreement. Disputes Subject to the limitations set forth in Section 6 and Section 7.4, disputes arising under or in connection with this Agreement, including (1a) disputes arising from ICANN’s 's failure to renew RegistrarProvider’s accreditation Accreditation and (2b) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 Section 5.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There Except as set forth in Section 7.4.5, there shall be three one (1) arbitrator agreed by the parties from a list of AAA arbitrators: each party shall choose one arbitrator and, or if those two arbitrators parties do not agree on a third an arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third AAA shall be chosen by choose and appoint an arbitrator, paying due regard to the AAAarbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitrator shall render their its decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar Provider initiates arbitration to contest the appropriateness of termination of this Agreement by ICANNICANN pursuant to Section 5.5 or suspension of Provider by ICANN pursuant to Section 5.7.1, Registrar Provider may at the same time request that the arbitration panel arbitrator stay the termination or suspension until the arbitration decision is rendered. The arbitrator shall order a stay: (i) upon showing by Provider that continued operations would not be harmful to consumers or the public interest, and that request shall have or (ii) upon appointment by the effect arbitrator of staying a qualified third party to manage the termination until the arbitration panel has granted an ICANN request for specific performance and Registrar has failed to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy operations of Provider until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement furtherance of sub‐clause (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; howeverii) above, the parties shall also have arbitrator is hereby granted all necessary authority to appoint a qualified third‐ party to manage the right to enforce a judgment operations of such a court in any court of competent jurisdictionProvider upon Provider’s request and if the panel deems it appropriate. For In selecting the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitrationthird‐party manager, the parties arbitrator shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angelestake into consideration, California, USA, which but shall not be bound by, any expressed preferences of Provider. Any order granting a waiver of this arbitration agreement.request for a stay must be issued within fourteen

Resolution of Disputes Under this Agreement. Disputes arising under or in connection with this Agreement, including (1) disputes arising from ICANN’s 's failure to renew Registrar’s accreditation 's accreditationAccreditation and (2) requests for specific performance, shall be resolved in a court of competent jurisdiction or, at the election of either party, by an arbitration conducted as provided in this Subsection 5.6 5.65.8 pursuant to the International Arbitration Rules of the American Arbitration Association (“"AAA”"). The arbitration shall be conducted in English and shall occur in Los Angeles County, California, USA. There shall be three (3) arbitrators: each party shall choose one (1) arbitrator and, if those two arbitrators (2)agreed by the parties from a list of AAA arbitrators, or if parties do not agree on a third thirdan arbitrator within fifteen (15) days of the AAA request that the parties designate an arbitrator, the third shall be chosen by the AAAAAAAAA shall choose and appoint an arbitrator, paying due regard to the arbitrator’s knowledge of the DNS. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators arbitratorsarbitrator to reallocate the costs in their award as provided in the AAA rules. The parties shall bear their own attorneys’ ' fees in connection with the arbitration, and the arbitrators arbitratorsarbitrator may not reallocate the attorneys’ ' fees in conjunction with their award. The arbitrators arbitratorsarbitrator shall render their theirits decision within ninety (90) days of the conclusion of the arbitration hearing. In the event Registrar initiates arbitration to contest the appropriateness of termination of this Agreement by ICANN, Registrar may at the same time request that the arbitration panel stay the termination until the arbitration decision is rendered, and that request shall have the effect ICANN pursuant to Section 5.5 or suspension of staying the termination until the arbitration panel has granted an Registrar’s ability to create new Registered Names or initiate inbound transfers of Registered Names underRegistrar by ICANN request for specific performance and Registrar has failed pursuant to comply with such ruling. In the event Registrar initiates arbitration to contest an Independent Review Panel’s decision under Subsection 4.3.3 sustaining the Board’s determination that a specification or policy is supported by consensus, Registrar may at the same time request that the arbitration panel stay the requirement that it comply with the policy until the arbitration decision is rendered, and that request shall have the effect of staying the requirement until the decision or until the arbitration panel has granted an ICANN request for lifting of the stay. In all litigation involving ICANN concerning this Agreement (whether in a case where arbitration has not been elected or to enforce an arbitration award), jurisdiction and exclusive venue for such litigation shall be in a court located in Los Angeles, California, USA; however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of the parties during the pendency of an arbitration, the parties shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or in a court located in Los Angeles, California, USA, which shall not be a waiver of this arbitration agreement.Section 2.1