All,
As promised, I have attached revised versions of the Assignment Agreement, Community Agreement and the three License Agreements, redlined to show changes made since the last drafts.
Mostly I have inserted names and addresses and the definition of IANA Names Services provided on today¹s call.
With respect to effectiveness, we consulted the IETF-ICANN SLA, which contains the following language:
"This agreement is effective as of 1 October 2016 unless the IANA agreement between NTIA and ICANN has not ended or terminated, and then it will become effective at that time, so long as such event occurs within three months of that date.²
This provides for a deferred effectiveness, with a 3-month sunset period.
To adapt this for the IANA IPR Agreements, I have proposed the following:
1. Preamble: delete the definition ³Effective Date²
2. Definitions Section: Change Definition of Effective Date to reference Section x (new paragraph in the Miscellaneous section) rather than the Preamble.
3. Add new Section x ³Effectiveness. This Agreement will become effective on the date (³Effective Date²) that the IANA functions contract between NTIA and ICANN ends or is terminated, provided that date occurs before January 1, 2017. If such ending or termination has not occurred by January 1, 2017, this Agreement shall automatically terminate without further action of the Parties. Except as provided in the preceding sentence, no Party shall have the right to revoke or terminate this Agreement prior to the Effective Date.
Please let me know if you have any questions or corrections in any of these agreements. Once the wording is agreed, I can generate clean, executable documents.
Best regards, Jorge
Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal@att.net
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