Termination by ICANN. (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.
(b) ICANN may, upon notice to Registry Operator, terminate this Agreement if Registry Operator fails to complete all testing and procedures (identified by ICANN in writing to Registry Operator prior to the date hereof) for delegation of the TLD into the root zone within twelve (12) months of the Effective Date. Registry Operator may request an extension for up to additional twelve (12) months for delegation if it can demonstrate, to ICANN’s reasonable satisfaction, that Registry Operator is working diligently and in good faith toward successfully completing the steps necessary for delegation of the TLD. Any fees paid by Registry Operator to ICANN prior to such termination date shall be retained by ICANN in full.
(c) ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator fails to cure a material breach of Registry Operator’s obligations set forth in Section 2.12 of this Agreement within thirty (30) calendar days of delivery of notice of such breach by ICANN, or if the Continued Operations Instrument is not in effect for greater than sixty (60) consecutive calendar days at any time following the Effective Date, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in material breach of such covenant, and (iii) Registry Operator fails to cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.
(d) ICANN may, upon notice to Registry Oper...
Termination by ICANN. ICANN may terminate this Agreement if and only if: (i) Registry Operator fails to cure any fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); or Section 5.2 within thirty (30) calendar days after ICANN gives Registry Operator written notice of the breach, which notice shall include with specificity the details of the alleged breach; and (ii) (a) an arbitrator or court has finally determined that Registry Operator is, or was, in fundamental and material breach and failed to cure such breach within the prescribed time period and (b) following the decision of such arbitrator or court, Registry Operator has failed to comply with the decision of the arbitrator or court.
Termination by ICANN. ICANN may terminate this Agreement if and only if: (i) Registry Operator fails to cure any fundamental and material breach of Registry Operator’s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section
Termination by ICANN. (a) ICANN may terminate this Agreement if Registry Operator fails to cure (i) any fundamental and material breach of Registry Operator’s obligations set forth in Section 3.1; Section 3.3; Section 5.2 or Section 7.1 or (ii) any breach of Section 7.2, in each case, despite notice and an opportunity to cure in accordance with Section 6.3 after ICANN delivers to Registry Operator written notice of the breach, which notice shall include with specificity the details of the alleged breach.
(b) ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator makes an assignment for the benefit of creditors or similar act, (ii) attachment, garnishment or similar proceedings are commenced against Registry Operator, which proceedings are a material threat to Registry Operator’s ability to operate the registry for the TLD, and are not dismissed within sixty (60) calendar days of their commencement, (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registry Operator or maintains control over any of Registry Operator’s property, (iv) execution is levied upon any material property of Registry Operator that, if levied, would reasonably be expected to materially and adversely affect Registry Operator’s ability to operate the registry for the TLD, (v) proceedings are instituted by or against Registry Operator 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 (if such proceedings are instituted by Registry Operator or its Affiliates) or one hundred and eighty (180) calendar days of their commencement (if such proceedings are instituted by a third party against Registry Operator), or (vi) Registry Operator 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 or the operation of the TLD.
(c) ICANN may, upon thirty (30) calendar days’ notice to Registry Operator, terminate this Agreement pursuant to a determination by any PDDRP panel or RRDRP panel under Section 2 of Specification 7 or a determination by any PICDRP panel under Section 3, or any other applicable Section, of Specification 11, subject to Registry Operator’s right to challenge such termination as set forth in the applicable procedure described therein.
(d) ICANN may, upon notice to Registry Op...
Termination by ICANN. (a) ICANN may, upon notice to EBERO Service Provider, terminate this Agreement and/or any or all Event Activation Orders if EBERO Service Provider fails to cure any fundamental and material breach of EBERO Service Provider’s representations and warranties set forth in Article 1 or obligations set forth in Articles 2, 4 or 6 within thirty (30) calendar days after ICANN gives EBERO Service Provider notice of such breach, which notice describes with reasonable specificity the details of the alleged breach.
(b) ICANN may, upon notice to EBERO Service Provider, terminate this Agreement and/or any or all Event Activation Orders if (i) EBERO Service Provider fails to complete the transition of any Failed TLD in any material respect, or (ii) EBERO Service Provider fails to comply with any obligations, processes or procedures set forth in the CTP Manual in any material respect with respect to any Failed TLD.
(c) ICANN may, upon notice to EBERO Service Provider, terminate this Agreement and/or any or all Event Activation Orders if EBERO Service Provider refuses to provide EBERO Services for any Failed TLD not previously identified in Exhibit C.
(d) ICANN may, upon notice to EBERO Service Provider, terminate this Agreement and/or any or all Event Activation Orders if EBERO Service Provider refuses or otherwise fails to agree to incorporate the Additional Data Protection Requirements as required under Section 2.7(e) of the Agreement within 90 days after an Amendment Triggering Event occurred.
(e) ICANN may, upon notice to EBERO Service Provider, terminate this Agreement and/or any or all Event Activation Orders if (i) EBERO Service Provider makes an assignment for the benefit of creditors or similar act, (ii) attachment, garnishment or similar proceedings are commenced against EBERO Service Provider, which proceedings are a material threat to EBERO Service Provider’s ability to provide EBERO Services, and are not dismissed within sixty
Termination by ICANN. ICANN may terminate this Agreement if Registry Operator fails to cure any fundamental and material breach of Registry Operator’s covenants set forth in Article 2 or its payment obligations set forth in Article 6 of this Agreement within thirty (30) calendar days after ICANN gives Registry Operator written notice of the breach, which notice will include with specificity the details of the alleged breach and an arbitrator or court has determined that Registry Operator is, in fundamental and material breach and has failed to cure such breach. Failure of Registry Operator to complete all testing and procedures necessary for delegation of the TLD into the root zone within 12 months of the Effective Date shall be considered a material and fundamental breach of Registry Operator’s obligations hereunder and shall entitle ICANN, in its sole discretion, to terminate the Agreement with no further obligations of either party. Registry Operator may request an extension for up to additional 12 months for delegation if it can demonstrate that Registry Operator is working diligently and in good faith toward successfully completing the steps necessary for delegation of the TLD. Any fees paid by Registry Operator to ICANN prior to such termination date shall be retained by ICANN in full.
Termination by ICANN. ICANN may terminate this Agreement if Sponsor fails to cure any fundamental and material breach of Sponsor‘s obligations set forth in Sections 3.1(a), (b), (d) or (e); Section 5.2 or Section 7.2 despite notice and an opportunity to cure in accordance with Section 6.4 within thirty calendar days after ICANN gives Sponsor written notice of the breach, which notice shall include with specificity the details of the alleged breach.
Termination by ICANN. ICANN may terminate this Agreement if:
Termination by ICANN. (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if:
(i) Registry Operator fails to cure any fundamental and material breach of Registry Operator’s covenants set forth in Article 2 or defaultany breach of its payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach or default, which notice will include with specificity the details of the alleged breach or default,
(ii) an arbitrator or court has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in defaultbreach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach or default within ten (10) calendar days or such other time period as may be determined by the arbitrator or court.
Termination by ICANN. (a) Section 4.3
