Common use of Synchronization Amendment Clause in Contracts

Synchronization Amendment. 7.5.1 If (a) a provision in this Agreement (including any Specification to this Agreement) that appears in analogous form (but not necessarily in exact form) in the Registrar Accreditation Agreement is revised or (b) a new provision (including any Specification) is added to or included in the Registrar Accreditation Agreement that ICANN determines should be added to or included in this Agreement, in each case pursuant to Section 6 or Section 7.4 of the Registrar Accreditation Agreement that is based on the 2013 Registrar Accreditation Agreement, or any successor to such provision in such agreement or any successor Registrar Accreditation Agreement, then the analogous provision in this Agreement or such new provision shall be subject to the amendment process set forth in this Section 7.5 so at to amend this Agreement to conform to such revised or new provision (as applicable), except to the extent necessary to refer to Provider rather than Registrar, the Services rather than Registrar services and such other appropriate modifications as determined by ICANN, as applicable (an amendment p ursuant to this Section 7.5.1, a “Synchronization Amendment”). 7.5.2 Notwithstanding Section 7.5.1, the ICANN Board of Directors shall not approve a Synchronization Amendment pursuant to Section 7.5.3 unless and until: 7.5.2.1 ICANN has notified the Working Group that an amendment to the Registrar Accreditation Agreement that ICANN believes could necessitate a Synchronization Amendment has been posted for public comment on its website; 7.5.2.2 Following the approval of an amendment to the Registrar Accreditation Agreement pursuant to its terms, ICANN has posted a proposed Synchronization Amendment on its website for public comment for no less than thirty (30) calendar days, and provided notice of such posting to the Working Group prior to or substantially concurrent with such posting; and 7.5.2.3 ICANN has discussed in good faith with the Working Group the public comments submitted on the proposed Synchronization Amendment. 7.5.3 Following the conclusion of the steps set forth in Section 7.5.2, at

Synchronization Amendment. 9 7.5.1 If (a) a provision in this Agreement (including any Specification to this Agreement) that appears in analogous form (but not necessarily in exact form) in the Registrar Accreditation Agreement is revised or (b) a new provision (including any Specification) is added to or included in the Registrar Accreditation Agreement that ICANN determines should be added to or included in this Agreement, in each case pursuant to Section 6 or Section 7.4 of the Registrar Accreditation Agreement that is based on the 2013 Registrar Accreditation Agreement, or any successor to such provision in such agreement or any successor Registrar Accreditation Agreement, then the analogous provision in this Agreement or such new provision shall be subject to the amendment process set forth in this Section 7.5 so at as to amend this Agreement to conform to such revised or new provision (as applicable), except to the extent necessary to refer to Provider rather than Registrar, the Services rather than Registrar services and such other appropriate modifications as determined by ICANN, as applicable (an amendment p ursuant pursuant to this Section 7.5.1, a “Synchronization Amendment”). 7.5.2 Notwithstanding Section 7.5.1, the ICANN Board of Directors shall not approve a Synchronization Amendment pursuant to Section 7.5.3 unless and until: 7.5.2.1 ICANN has notified the Working Group that an amendment to the Registrar Accreditation Agreement that ICANN believes could necessitate a Synchronization Amendment has been posted for public comment on its website; 7.5.2.2 Following the approval of an amendment to the Registrar Accreditation Agreement pursuant to its terms, ICANN has posted a proposed Synchronization Amendment on its website for public comment for no less than thirty (30) calendar days, and provided notice of such posting to the Working Group prior to or substantially concurrent with such posting; and 7.5.2.3 ICANN has discussed in good faith with the Working Group the public comments submitted on the proposed Synchronization Amendment. 7.5.3 Following the conclusion of the steps set forth in Section 7.5.2, at

Synchronization Amendment. 9 7.5.1 If (a) a provision in this Agreement (including any Specification to this Agreement) that appears in analogous form (but not necessarily in exact form) in the Registrar Accreditation Agreement is revised or (b) a new provision (including any Specification) is added to or included in the Registrar Accreditation Agreement that ICANN determines should be added to or included in this Agreement, in each case pursuant to Section 6 or Section 7.4 of the Registrar Accreditation Agreement that is based on the 2013 Registrar Accreditation Agreement, or any successor to such provision in such agreement or any successor Registrar Accreditation Agreement, then the analogous provision in this Agreement or such new provision shall be subject to the amendment process set forth in this Section 7.5 so at as to amend this Agreement to conform to such revised or new provision (as applicable), except to the extent necessary to refer to Provider rather than Registrar, the Services rather than Registrar services and such other appropriate modifications as determined by ICANN, as applicable (an amendment p ursuant pursuant to this Section 7.5.1, a “Synchronization Amendment”). 7.5.2 Notwithstanding Section 7.5.1, the ICANN Board of Directors shall not approve a Synchronization Amendment pursuant to Section 7.5.3 unless and until: 7.5.2.1 ICANN has notified the Working Group that an amendment to the Registrar Accreditation Agreement that ICANN believes could necessitate a Synchronization Amendment has been posted for public comment on its website; 7.5.2.2 Following the approval of an amendment to the Registrar Accreditation Agreement pursuant to its terms, ICANN has posted a proposed Synchronization Amendment on its website for public comment for no less than thirty (30) calendar days, and provided notice of such posting to the Working Group prior to or substantially concurrent with such posting; andand 9 N ote to IRT: There was some IRT discussion about whether this should be edited, such as by adding that synchronization changes proposed by ICANN would take effect unless objected to by the Working Group within 30 days. No edits are proposed because the current structure is for ICANN to post for public comment and discuss public comments in good faith with the Working Group, and then the Board must approve, which would become effective 60 days after ICANN provides notice of Board approval. As this provides more safeguards than discussed (e.g. 30 days) it does not appear that changes are needed based on IRT discussion. 7.5.2.3 ICANN has discussed in good faith with the Working Group the public comments submitted on the proposed Synchronization Amendment. 7.5.3 Following the conclusion of the steps set forth in Section 7.5.2, atat ICANN’s discretion, the proposed Synchronization Amendment may be submitted for approval by the ICANN Board of Directors. If the ICANN Board of Directors approves the proposed Synchronization Amendment, the Synchronization Amendment shall be effective and deemed an amendment to this Agreement upon sixty (60) calendar days notice from ICANN to Provider.

Synchronization Amendment. 8 7.5.1 If (a) a provision in this Agreement (including any Specification to this Agreement) that appears in analogous form (but not necessarily in exact form) in the Registrar Accreditation Agreement is revised or (b) a new provision (including any Specification) is added to or included in the Registrar Accreditation Agreement that ICANN determines should be added to or included in this Agreement, in each case pursuant to Section 6 or Section 7.4 of the Registrar Accreditation Agreement that is based on the 2013 Registrar Accreditation Agreement, or any successor to such provision in such agreement or any successor Registrar Accreditation Agreement, then the analogous provision in this Agreement or such new provision shall be subject to the amendment process set forth in this Section 7.5 so at as to amend this Agreement to conform to such revised or new provision (as applicable), except to the extent necessary to refer to Provider rather than Registrar, the Services rather than Registrar services and such other appropriate modifications as determined by ICANN, as applicable (an amendment p ursuant pursuant to this Section 7.5.1, a “Synchronization Amendment”). 7.5.2 Notwithstanding Section 7.5.1, the ICANN Board of Directors shall not approve a Synchronization Amendment pursuant to Section 7.5.3 unless and until: 7.5.2.1 ICANN has notified the Working Group that an amendment to the Registrar Accreditation Agreement that ICANN believes could necessitate a Synchronization Amendment has been posted for public comment on its website; 7.5.2.2 Following the approval of an amendment to the Registrar Accreditation Agreement pursuant to its terms, ICANN has posted a proposed Synchronization Amendment on its website for public comment for no less than thirty (30) calendar days, and provided notice of such posting to the Working Group prior to or substantially concurrent with such posting; and 7.5.2.3 ICANN has discussed in good faith with the Working Group the public comments submitted on the proposed Synchronization Amendment. 7.5.3 Following the conclusion of the steps set forth in Section 7.5.2, atat ICANN’s discretion, the proposed Synchronization Amendment may be submitted for approval by the ICANN Board of Directors. If the ICANN Board of Directors approves the proposed Synchronization Amendment, the Synchronization Amendment shall be effective and deemed an amendment to this Agreement upon sixty (60) calendar days notice from ICANN to Provider.