[NRO-IANAXFER] Contract details
seun.ojedeji at gmail.com
Tue Jan 6 16:39:12 CET 2015
I like to comment on few sections of your comment...kindly find inset
On Tue, Jan 6, 2015 at 1:33 PM, Filiz Yilmaz <koalafil at gmail.com> wrote:
> In the the context of policy coordination matters, such as in
> ASO/NRO/ICANN Board setting, a MoU serves well, I agree, but that is a
> separate case and I do not think an MoU will suffice in a
> specific-service-providing setting as in this case...........A contract is
> legally more binding then an MoU
Could you clarify why you think contract is more binding than MoU? It seem
you are implying that the MoU between NRO and ICANN is not as legally
> and a renewable contract ensures there is a check mechanism for the
> parties involved in any contract, both for IANA operator and the RIRs in
> this context.
And you don't think those "check mechanisms" can be written in a MoU?
> Otherwise a timeless contract will be legally too binding for all involved.
Okay i think this is absolutely off my radar of understanding(i am not a
lawyer) perhaps you could kindly explain what you mean by the statement
> On Tue, Jan 6, 2015 at 11:56 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
>> Hello Alan,
>> Coming back to you on this now that i have some time. Kindly find inset
>> On Mon, Jan 5, 2015 at 2:23 PM, Alan Barrett <apb at cequrux.com> wrote:
>>> On Fri, 02 Jan 2015, Seun Ojedeji wrote:
>>>> In my personal opinion, it doesn't matter whether it's a fixed term
>>>>> with periodic renewal, or an indefinite term, provided there's provision
>>>>> for immediate termination upon breach of contract or failure to meet SLAs.
>>>> I think there may be a difference in the 2 scenario as periodic renewal
>>>> will mean initiating a process at the end of each fixed term(which could
>>>> require some level of resources). As you have rightly mentioned above,
>>>> providing termination conditions on the basis of SLA is what is most
>>>> important, so an indefinite term similar to the MOU that established ASO
>>>> would not reduce the strength of the agreement but could save us some
>>> We discussed this in the CRISP Team teleconference today. We think that
>>> a fixed term (with provision for periodic renewal) makes more sense for a
>>> few reasons:
>> Well it depends on how we view "making sense" in this context because the
>> NRO/ICANN MOU is not term based neither is RFC2860 and it does not in
>> anyway diminish the possibility of achieving what you have listed below.
>>> - renewal should not consume much additional resources over and above
>>> the periodic review which will be done in any case;
>> I wonder what other periodic review is refereed to here other than
>> reviewing the SLA; could you kindly clarify the review you refer and what
>> that will entail?
>>> - it makes it easier to revise the SLA from time to time;
>> Well i don't agree that you need to have a term based contract to revise
>> SLA at least(unless i missed something) the IETF SLA is revised annually to
>> supplement the MOU
>> - it makes it possible to terminate the contract for reasons other
>>> than breach.
>>> Maybe you should state the other reasons (different from the ones stated
>> in the agreement) that will justify that having a termed based contract is
>> ideal, otherwise i think the content of the agreement is what in important.
>> In anycase, its okay if that is what achieves consensus. However, i think
>> i should note that this community is quite matured and may not need this
>> level of un-necessary bureaucracy; we should continue to be an example for
>> other communities.
>>> --apb (Alan Barrett)
>>> ianaxfer mailing list
>>> ianaxfer at nro.net
>> *Seun Ojedeji,Federal University Oye-Ekitiweb:
>> http://www.fuoye.edu.ng <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt
>> email: <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
>> <seun.ojedeji at fuoye.edu.ng>*
>> The key to understanding is humility - my view !
>> ianaxfer mailing list
>> ianaxfer at nro.net
*Seun Ojedeji,Federal University Oye-Ekitiweb: http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*
The key to understanding is humility - my view !
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