Common use of Variable Registry-­‐Level Fee Clause in Contracts

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Fees from the registrars that are party to a registry-­‐ registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year. The amount of the Variable Registry-Level Fee will be specified for each registrar, and may include both a per-registrar component and a transactional component. The per‑registrar component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year. The transactional component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year but shall not exceed US$0.25 per domain name registration (including renewals associated with transfers from one ICANN accredited registrar to another) per year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Fees from the registrars that are party to a registry-­‐ registrar registry-­‐registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry- registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year. The amount of the Variable Registry-Level Fee will be specified for each registrar, and may include both a per-registrar component and a transactional component. The per‑registrar component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year. The transactional component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year but shall not exceed US$0.25 per domain name registration (including renewals associated with transfers from one ICANN accredited registrar to another) per year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry- Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two‐thirds of all registrar-­‐level registrar‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry‐Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry‐Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry-registrar agreement agreementRegistry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Fees paid by Registry Operator pursuant to this Section 6.3); providedOperator, provided that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable- Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two‐thirds of all registrar-­‐level registrar‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry‐Level Fees from the registrars that are party to a registry-­‐ registrar registry‐registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (ai) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) 60 calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) 20 calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry- Level Fees paid by Registry Operator pursuant to this Section 6.37.2(d)); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 7.2(d) irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two‐thirds of all registrar-­‐level registrar‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry‐Level Fees from the registrars that are party to a registry-­‐ registry‐ registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, provided that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Fees from the registrars that whothat are party to a registry-­‐ registrar registry-­‐registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry- Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, provided that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from * Final text will be posted on ICANN website; agreement reference to be replaced by hyperlink. registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.. The amount of the Variable Registry-Level Fee will be specified for each registrar, and may include both a per-registrar component and a transactional component. The per‑registrar component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year. The transactional component of the Variable Registry-Level Fee shall be specified by ICANN in accordance with the budget adopted by the ICANN Board of Directors for each ICANN fiscal year but shall not exceed US$0.25 per domain name registration (including renewals associated with transfers from one ICANN accredited registrar to another) per year. [RESERVED]

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.37.2(d)); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 7.2(d) irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year. The amount of the Variable Registry-Level Fee will be specified for each registrar, and may include both a per-registrar component and a transactional component.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ Registry-Registrar Agreementregistry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3); provided, provided that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that who are party to a registry-­‐ registry-registrar agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.3),; provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.

Variable Registry-­‐Level Fee. (a) If the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds two-thirds of all registrar-­‐level registrar-level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current then-current registrar accreditation agreement), do not approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery of notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level registry-level fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Registry-Level Fee”). The fee will be calculated and invoiced by ICANN on a quarterly basis, and shall be paid by Registry Operator within sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may invoice and collect the Variable Registry-­‐Level Registry-Level Fees from the registrars that are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Registry-Level Fees paid by Registry Operator pursuant to this Section 6.37.2(d)); provided, that the fees shall be invoiced to all ICANN accredited registrars if invoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 7.2(d) irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry- Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, pursuant to the terms of their registrar accreditation agreements with ICANN, the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year. The amount of the Variable Registry-Level Fee will be specified for each registrar, and may include both a per-registrar component and a transactional component.

Variable Registry-­‐Level Fee. (a) If Section 6.4 Variable Registry-Level Fee. For fiscal quarters in which ICANN does not collect aIf the ICANN accredited registrars (accounting, in the aggregate, for payment of two-­‐thirds of all registrar-­‐level fees (or such portion of ICANN accredited registrars necessary to approve variable accreditation fees under the then-­‐current registrar accreditation agreement), as a group) do not approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees fee from all registrarsfees established by the ICANN Board of Directors for any ICANN fiscal year, upon delivery receiptdelivery of written notice from ICANN, Registry Operator shall pay to ICANN a variable registry-­‐level feeVariable Registry-Level Fee, which shall be paid on a fiscal quarter basis, and shall accrue as of the beginning of the first fiscal quarter of such ICANN fiscal year (the “Variable Registry-­‐Level Fee”)year. The fee will be calculated and invoiced by ICANN ICANN, on a quarterly basis, and shall be paid to ICANN by the Registry Operator within in accordance with the Payment Schedule in Section 6.2, and thewithin sixty (60) calendar days with respect to the first quarter of such ICANN fiscal year and within twenty (20) calendar days with respect to each remaining quarter of such ICANN fiscal year, of receipt of the invoiced amount by ICANN. The Registry Operator may willmay invoice and collect the Variable Registry-­‐Level feesVariable Registry-Level Fees from the registrars that who are party to a registry-­‐ registrar agreement Registry-Registrar Agreement with Registry Operator (which agreement may specifically provide for the reimbursement of Variable Registry-­‐Level Fees paid by Registry Operator pursuant to this Section 6.3); providedOperator. The fee will, provided that the fees shall be invoiced requiredinvoiced to be collected from all ICANN accredited registrars if invoiced collected frominvoiced to any. The Variable Registry-­‐Level Registry-Level Fee, if collectible by ICANN, shall be an obligation of Registry Operator and shall be due and payable as provided in this Section 6.3 irrespective of Registry Operator’s ability to seek and obtain reimbursement of such fee from registrars. In the event ICANN later collects variable accreditation fees for which Registry Operator has paid ICANN a Variable Registry-­‐Level Registry-Level Fee, ICANN shall reimburse the Registry Operator an appropriate amount of the Variable Registry-­‐Level Registry-Level Fee, as reasonably determined by ICANN. If the ICANN accredited registrars (as a group) do approve, approve pursuant to the terms of their registrar accreditation agreements with ICANN, ICANN the variable accreditation fees established by the ICANN Board of Directors for a fiscal year, ICANN shall not be entitled to a Variable-­‐Level Variable-Level Fee hereunder for such * Final text will be posted on ICANN website; agreement reference to be replaced by hyperlink. fiscal year, irrespective of whether the ICANN accredited registrars comply with their payment obligations to ICANN during such fiscal year.