[NRO-IANAXFER] Should text of the contract be included? Proposal: Final Call for Comments

Pindar Wong pindar.wong at gmail.com
Mon Jan 12 13:51:15 CET 2015


Thank you Richard.

It'll be interesting to see how the money/financial consideration bit will
be contracted.

p.


On Mon, Jan 12, 2015 at 5:53 PM, Richard Hill <rhill at hill-a.ch> wrote:

> Please see below.
>
> >-----Original Message-----
> >From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On
> Behalf Of Pindar Wong
> >Sent: lundi, 12. janvier 2015 08:51
> >To: Alan Barrett
> >Cc: ianaxfer at nro.net
> >Subject: Re: [NRO-IANAXFER] Should text of the contract be included?
> Proposal: Final Call for Comments
> >
> >>
> >>On Sat, Jan 10, 2015 at 1:11 AM, Alan Barrett <apb at cequrux.com> wrote:
> >>
> >>2. If so, should there be a formal contract between ICANN and the RIRs?
> >
> >I don't know.
>
> As others have pointed out, whether a document is called MoU or contract
> does not necessarily determine its legal effects.  What is more important
> is the actual content of the document.
>
> It seems to me that the content of the document we are discussing
> qualifies it as a contract.
>
> >the current draft, to my eye, uses 'agreement' and 'contract' somewhat
> >interchangeably.
>
> In some jurisdictions, an agreement is a contract.
>
> SNIP
>
> >also recall
>
> >'Nothing in this MOU shall be construed to create between or among any of
> the
> > parties a partnership, joint venture, or impose any trust or partnership
> or
> > similar duty on any party, including as an agent, principal or franchisee
> > of any other party.'
> >
> >This will/will not change under contract?   I haven't the foggiest idea.
>
> I presume that the new contract will contain exactly the same clause, so
> that nothing will change in that respect.
>
> SNIP
>
>
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