Comments from KFH regarding ICANN Agreement dated 29 April 2013

[Majeed Behzadi <Majeed.Behzadi@xxxxxxx>]

Please find below comments from Kuwait Finance House, Kuwait.


Page 1
New gTLD Agreement

In the second paragraph, "ICANN reserves the right to make reasonable updates 
and changes to this proposed agreement during the course of the application 
process..."
ICANN should inform of any updates, changes, etc., to the wording preferably 
should read, "ICANN reserves the right to make reasonable updates and changes 
to this proposed agreement during the course of the application process so long 
as it provides timely notice thereof to Applicant..."

Page 9
Article 2.15

Toward the end of the paragraph, this section states "if ICANN aggregates and 
makes anonymous such data, ICANN or its designee may disclose such data to any 
third party..."
Given the sensitivities under local law of certain kinds of bank information, 
here ICANN should give Registry Operators a prior opportunity at its discretion 
to opt out of any such disclosure process, even if it is anonymous.

Page 11
Article 4.3

To implement a principle of fairness among the parties, any notice of 
termination by ICANN should also include "with specificity the details" of the 
Registry Operator's alleged breach (see for comparison 4.4(a)).

Page 12
Article 4.3(b)

The last sentence in the paragraph should be amended slightly: "Any fees paid 
by Registry Operator to ICANN prior to such termination date shall be retained 
by ICANN in full, so long as ICANN has not acted with gross negligence, fraud, 
or willful misconduct.

Page 13
Article 4.3 (f)

Any provisions within this entire section, related for example to any 
conviction of any officer, board member, etc., should be effective only after a 
final, non-appealable determination of a court of competent jurisdiction.

Page 13
Article 4.4

With relevant amendment, termination by Registry Operator should include 
provisions similar in nature to those set forth in favor of ICANN in Articles 
4.3 (d), (f), and (g).

Page 15
Article 5

Prior to the start of any arbitration process, parties to the agreement should 
have an equal opportunity to opt out and proceed instead with litigation 
through the court system of an agreed jurisdiction.

Page 20
Article 6.6

Given certain applicable institutional restrictions, omit this article in its 
entirety.

Page 50
Section 9 (Indemnity)

Omit the words "absolutely and forever" and limit the indemnity to a two year 
period subsequent to the termination of the Escrow Agreement.


Regards,

Majeed Behzadi

Executive Manager
Infrastructure Planning & Security Management

[cid:image001.png@01CE562F.92960540]

P.O Box 24989 Safat 13110 Kuwait
T    +965 1 800 700   E (6400)
D   +965 24966400
F    +965 24966403
M   +965 60060600
majeed@xxxxxxx<mailto:majeed@xxxxxxx>



________________________________
Disclaimer
The information contained in this e-mail message and any attached files are 
confidential information. If you have received this e-mail in error, please 
notify us immediately by reply e-mail to sender and delete all copies. If you 
are not the intended recipient, any use, reliance, dissemination, disclosure, 
or copying of this e-mail or any part of this e-mail or attached files is 
unauthorized. It is your responsibility to scan this communication and any 
files attached for computer viruses and other defects. KFH does not warrant, 
represent, or guarantee the accuracy or completeness of any information 
contained in this e-mail or attached files. KFH does not accept liability for 
any loss or damage from this e-mail or any attached files.