The language contains several references to ICANN's discretion and ICANN's sole discretion. Such references are facially inconsistent with ICANN's Bylaws which require, among other protections, that ICANN "Make decisions by applying documented policies consistently, neutrally, objectively, and fairly, without singling out any particular party for discriminatory treatment (i.e., making an unjustified prejudicial distinction between or among different parties)." The IRT should correct any references to ICANN's discretion or sole discretion by stating such discretion or sole discretion is subject to the requirements of ICANN's Bylaws. Otherwise, ICANN will be requiring that applicants agree to something contractually that ICANN does not otherwise have if it is complying with its Bylaws. That was recently tried with the Grant Program and it didn't go well for ICANN or the Board. No need to recreate the same problem here. The good news is that this textual error can be resolved with a simple edit by the IRT. The IRT and ICANN Staff should keep this comment in mind when drafting other language across the new gTLD program that mentions ICANN's discretion or ICANN's sole discretion.