[NRO-IANAXFER] Contract details

Seun Ojedeji seun.ojedeji at gmail.com
Tue Jan 6 16:39:12 CET 2015


Hi Filiz,

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:

> Hello,
>
> 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
binding?


> 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
above.

Regards

>
>
> On Tue, Jan 6, 2015 at 11:56 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
> wrote:
>
>> 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
>>>> resources.
>>>>
>>>
>>> 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.
>>
>> Regards
>>
>>>
>>> --apb (Alan Barrett)
>>>
>>> _______________________________________________
>>> ianaxfer mailing list
>>> ianaxfer at nro.net
>>> https://www.nro.net/mailman/listinfo/ianaxfer
>>>
>>
>>
>>
>> --
>> ------------------------------------------------------------------------
>>
>>
>>
>>
>>
>> *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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>>
>


-- 
------------------------------------------------------------------------





*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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