Common use of Termination of Agreement by ICANN Clause in Contracts

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 Provider: 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider by any Customer of inaccurate WHOIS or Customer information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding the Services; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) days of Provider’s knowledge of the foregoing; or any member of Provider’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from Provider’s board of directors or similar governing body within thirty (30) days of Provider’s knowledge of the foregoing. 5.5.4 Provider fails to cure any breach of this Agreement within twenty-one

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s Registrar's application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 ProviderRegistrar: 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider Registrar by any Customer Registered Name Holder of inaccurate WHOIS or Customer Whois information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding domain names sponsored by the ServicesRegistrar; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory non-­‐interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider Registrar has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer Registered Name Holder has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider Registrar knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) days of ProviderRegistrar’s knowledge of the foregoing; or any member of ProviderRegistrar’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from ProviderRegistrar’s board of directors or similar governing body within thirty (30) days of ProviderRegistrar’s knowledge of the foregoing. 5.5.4 Provider Registrar fails to cure any breach of this Agreement within twenty-onetwenty-­‐ one (21) days after ICANN gives Registrar notice of the breach. 5.5.5 Registrar fails to comply with a ruling granting specific performance under Sections 5.7 or 7.1. 5.5.6 Registrar has been in fundamental and material breach of its obligations under this Agreement at least three (3) times within a twelve (12) month period. 5.5.7 Registrar continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. (i) Registrar makes an assignment for the benefit of creditors or similar act; (ii) attachment, garnishment or similar proceedings are commenced against Registrar, which proceedings are a material threat to Registrar’s ability to provide Registrar Services for gTLDs, and are not dismissed within sixty (60) days of their commencement; (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registrar or maintains control over any of Registrar’s property; (iv) execution is levied upon any property of Registrar, (v) proceedings are instituted by or against Registrar under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within thirty (30) days of their commencement, or (vi) Registrar files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations.

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s Registrar's application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 ProviderRegistrar: 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider Registrar by any Customer Registered Name Holder of inaccurate WHOIS or Customer Whois information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding domain names sponsored by the ServicesRegistrar; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory order issued found by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider hasto have, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer Registered Name Holder has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider Registrar knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) calendar days of ProviderRegistrar’s knowledge of the foregoing; or any member of ProviderRegistrar’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from ProviderRegistrar’s board of directors or similar governing body within thirty (30) calendar days of ProviderRegistrar’s knowledge of the foregoing. 5.5.4 Provider Registrar fails to cure any breach of this Agreement within twenty-onefifteen (15) working days after ICANN gives Registrar notice of the breach. 5.5.5 Registrar fails to comply with a ruling granting specific performance under Sections 5.7 or 7.1. 5.5.6 Registrar has been in fundamental and material breach of its obligations under this Agreement at least three (3) times within a twelve (12) month period. 5.5.7 Registrar continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. (i) Registrar makes an assignment for the benefit of creditors or similar act; (ii) attachment, garnishment or similar proceedings are commenced against Registrar, which proceedings are a material threat to Registrar’s ability to provide Registrar Services for gTLDs, and are not dismissed within sixty (60) days of their commencement; (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registrar or maintains control over any of Registrar’s property; (iv) execution is levied upon any property of Registrar, (v) proceedings are instituted by or against Registrar under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within thirty (30) days of their commencement, or (vi) Registrar files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations.

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s Registrar's application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 ProviderRegistrar: 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider Registrar by any Customer Registered Name Holder of inaccurate WHOIS or Customer Whois information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding domain names sponsored by the ServicesRegistrar; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the foundthe subject of a non-interlocutory non-­‐interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding to havefinding that Provider Registrar has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer Registered Name Holder has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider Registrar knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) calendar days of ProviderRegistrar’s knowledge of the foregoing; or any member of ProviderRegistrar’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from ProviderRegistrar’s board of directors or similar governing body within thirty (30) calendar days of ProviderRegistrar’s knowledge of the foregoing. 5.5.4 Provider Registrar fails to cure any breach of this Agreement within twenty-onefifteentwenty-­‐one (1521) working days after ICANN gives Registrar notice of the breach. 5.5.5 Registrar fails to comply with a ruling granting specific performance under Sections 5.7 or 7.1. 5.5.6 Registrar has been in fundamental and material breach of its obligations under this Agreement at least three (3) times within a twelve (12) month period. 5.5.7 Registrar continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. (i) Registrar makes an assignment for the benefit of creditors or similar act; (ii) attachment, garnishment or similar proceedings are commenced against Registrar, which proceedings are a material threat to Registrar’s ability to provide Registrar Services for gTLDs, and are not dismissed within sixty (60) days of their commencement; (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registrar or maintains control over any of Registrar’s property; (iv) execution is levied upon any property of Registrar, (v) proceedings are instituted by or against Registrar under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within thirty (30) days of their commencement, or (vi) Registrar files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations.

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 Provider:: 6 Note to IRT: There was some discussion about whether this Section should be edited to require adoption of an updated agreement, but, upon further review, this matches the Global Amendment provisions in other ICANN contracts so ICANN is proposing to keep as-is. 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider by any Customer of inaccurate WHOIS or Customer information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding providing the Services; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) days of Provider’s knowledge of the foregoing; or any member of Provider’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from Provider’s board of directors or similar governing body within thirty (30) days of Provider’s knowledge of the foregoing. 5.5.4 Provider fails to cure any breach of this Agreement within twenty-one

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 Provider:: 6 Note to IRT: There was some discussion about whether this Section should be edited to require adoption of an updated agreement, but, upon further review, this matches the Global Amendment provisions in other ICANN contracts so ICANN is proposing to keep as-is. 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider by any Customer of inaccurate WHOIS or Customer information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding providing the Services; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) days of Provider’s knowledge of the foregoing; or any member of Provider’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from Provider’s board of directors or similar governing body within thirty (30) days of Provider’s knowledge of the foregoing. 5.5.4 Provider fails to cure any breach of this Agreement within twenty-oneone (21) days after ICANN gives Provider notice of the breach. 5.5.5 Provider fails to comply with a ruling granting specific performance under Sections 5.7 or 7.1. 5.5.6 Provider has been in fundamental and material breach of its obligations under this Agreement at least three (3) times within a twelve (12) month period. 5.5.7 Provider continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. (a) Provider makes an assignment for the benefit of creditors or similar act; (b) attachment, garnishment or similar proceedings are commenced against Provider, which proceedings are a material threat to Provider’s ability to provide the Services, and are not dismissed within sixty (60) calendar days of their commencement; (c) a trustee, receiver, liquidator or equivalent is appointed in place of Provider or maintains control over any of Provider’s property; (d) execution is levied upon any material property of Property, (e) proceedings are instituted by or against Provider under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within sixty (60) calendar days of their commencement, or (f) Provider files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations. (a) ICANN terminates an Affiliated Provider’s or an Affiliated Registrar’s accreditation agreement with ICANN (an “Affiliate Termination”),7 and (b) such Affiliated Provider or Affiliated Registrar has not initiated arbitration pursuant to the terms of such Person’s accreditation agreement within fifteen (15) days challenging ICANN's right to terminate such accreditation agreement, or such Person has initiated such arbitration within such period and has not prevailed in such arbitration;

Termination of Agreement by ICANN. This Agreement may be terminated before its expiration by ICANN in any of the following circumstances: 5.5.1 There was a material misrepresentation, material inaccuracy, or materially misleading statement in Provider’s Registrar's application for Accreditation or renewal of Accreditation or any material accompanying the application. 5.5.2 ProviderRegistrar: 5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have: 5.5.2.1.1 committed fraud, 5.5.2.1.2 committed a breach of fiduciary duty, or 5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Provider Registrar by any Customer Registered Name Holder of inaccurate WHOIS or Customer Whois information; or 5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of a Registered Name for which Provider is Providingproviding domain names sponsored by the ServicesRegistrar; or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; or 5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or 5.5.2.3 is the subject of a non-interlocutory non-­‐interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Provider Registrar has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or 5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service xxxx of a third party in which the Customer Registered Name Holder has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith. 5.5.3 Provider Registrar knowingly employs any officer that is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) days of ProviderRegistrar’s knowledge of the foregoing; or any member of ProviderRegistrar’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from ProviderRegistrar’s board of directors or similar governing body within thirty (30) days of ProviderRegistrar’s knowledge of the foregoing. 5.5.4 Provider Registrar fails to cure any breach of this Agreement within twenty-onetwenty-­‐one (21) days after ICANN gives Registrar notice of the breach. 5.5.5 Registrar fails to comply with a ruling granting specific performance under Sections 5.7 or 7.1. 5.5.6 Registrar has been in fundamental and material breach of its obligations under this Agreement at least three (3) times within a twelve (12) month period. 5.5.7 Registrar continues acting in a manner that ICANN has reasonably determined endangers the stability or operational integrity of the Internet after receiving three (3) days notice of that determination. (i) Registrar makes an assignment for the benefit of creditors or similar act; (ii) attachment, garnishment or similar proceedings are commenced against Registrar, which proceedings are a material threat to Registrar’s ability to provide Registrar Services for gTLDs, and are not dismissed within sixty (60) days of their commencement; (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registrar or maintains control over any of Registrar’s property; (iv) execution is levied upon any property of Registrar, (v) proceedings are instituted by or against Registrar under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within thirty (30) days of their commencement, or (vi) Registrar files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations.