ccTLD Sponsorship
Agreement (.tw ccTLD)
This ccTLD Sponsorship Agreement ("Agreement") is entered into
by and between ICANN and TWNIC as defined in Section 2
of this Agreement.
1 Recitals
1.1 ICANN is a non-profit corporation formed on 30
September 1998 for the purposes of providing technical-coordination
functions for the Internet in the public interest. Among ICANN's responsibilities
is to oversee operation of the Internet's Authoritative Root-Server
System.
1.2 On 31 July 1989, the .tw top-level domain was
established by the Information Sciences Institute, University of Southern
California, which was then performing the functions of the Internet
Assigned Numbers Authority (the IANA). The early Internet in the region
was connected to JvNcnet, USA, and was operated by TANet, founded in
July 1990, under the Ministry of Education. Before 1994, TANet was also
responsible for .tw domain name registration as the .tw ccTLD registry.
In 1994, TWNIC began domain name registration initially as a technical
experiment project. From October 1996, TWNIC ran the .tw domain name
service as a voluntary effort and prepared for TWNIC's formal incorporation.
In 1998, the National Information Infrastructure (NII) Task Force of
the Executive Yuan determined that The Directorate General of Telecommunications
(the DGT) would monitor the process of TWNIC incorporation. On 29 December
1999, TWNIC obtained approval as a legal corporation, with its operation
as a corporate body supervised by the Directorate General of Telecommunications
(the DGT). TWNIC's certificate and its English-language translation
appear as Annex 1
to this Agreement.
1.3 As of the date of this Agreement, the Internet
Assigned Numbers Authority (the IANA), a function performed by ICANN,
recognizes TWNIC as the Sponsoring Organization, Vincent W.S. Chen as
the administrative contact, and Nai-wen Hsu as the technical contact
for the .tw top-level domain.
1.4 On 4 April 2002, TWNIC reported its intent to
sign the ccTLD-ICANN sponsorship agreement with ICANN in a communication
to the Governmental Authority. The 4 April 2002 letter appears as Annex 2
to this Agreement.
1.5 On 14 May 2002, in reply to the 4 April 2002
TWNIC letter, the Governmental Authority expressed to TWNIC in writing
its endorsement of the .tw top-level domain and recognized TWNIC as
the proper entity to operate .tw ccTLD, on the terms stated in its letter
of endorsement sent to ICANN, as described in Section 1.6.
A copy of that communication is attached as Annex 3
to this Agreement.
1.6 On 11 March 2003, the Governmental Authority
wrote to ICANN endorsing TWNIC for administration of the .tw top-level
domain, based on the TWNIC's suitability to operate the domain in the
interest of the local Internet community and on its communications with
TWNIC. A copy of the Governmental Authority's letter of endorsement
is attached as Annex 4
to this Agreement.
1.7 Based upon the DGT letter of 11 March 2003, TWNIC's
Executive Director, Vincent W.S. Chen, sent a letter to ICANN's President
and Chief Executive Officer, M. Stuart Lynn, on 11 March 2003 formally
requesting to enter into a sponsorship agreement recognizing TWNIC as
the .tw Sponsoring Entity. The 11 March 2003 letter appears as Annex 5
to this Agreement.
1.8 TWNIC and ICANN desire that the Governmental
Authority assume responsibility for overseeing TWNIC's management and
administration of the .tw top-level domain, ensuring that it serves
the interest of the local Internet community, with ICANN continuing
its role of preserving the technical stability and operation of the
DNS and the Internet in the interest of the global Internet community.
To allocate the respective responsibilities of the Governmental Authority,
TWNIC, and ICANN with respect to the .tw top-level domain, and also
in light of the communications described in Sections 1.4,
1.5, 1.6 and 1.7,
TWNIC and ICANN now enter into this Agreement to formally reflect their
commitments to one another.
2 Definitions
2.1 The "Authoritative-Root Database" refers
to the database described in Section 3.2.
2.2 The "Authoritative Root-Server System"
means the constellation of DNS root nameservers specified, from time
to time, in the file <ftp://ftp.internic.net/domain/named.root>.
2.3 Unless otherwise specified, "days"
refers to calendar (rather than business) days.
2.4 The "Delegated ccTLD" means the .tw
top-level domain of the Internet domain-name system.
2.5 "DNS" refers to the Internet domain-name
system.
2.6 "Governmental Authority" means the
Directorate General of Telecommunications (the DGT), of the Ministry
of Transportation and Communications (MOTC), the supervising governmental
agency of TWNICs operations.
2.7 The "Governmental Communication" means
the laws, regulations, agreements, documents, contracts, memoranda of
understanding, and other written instruments regulating the relationship
between the Sponsoring Entity and the Governmental Authority. The Governmental
Communication at the commencement of this Agreement is described in
Sections 1.5 and 1.6.
2.8 "ICANN" refers to the Internet Corporation
for Assigned Names and Numbers, a party to this Agreement with its principal
offices in Marina del Rey, California, USA, or its assignee.
2.9 The "Sponsoring Entity" and "TWNIC"
refer to Taiwan Network Information Center, a not-for-profit corporation
created on 29 December, 1999 that is a party to this Agreement, with
its principal offices located at 4F-2, No.9, Roosevelt Road, Section 2,
Taipei, 100, Taiwan, or its assignee.
2.10 The "Term of this Agreement" begins
on the date when this Agreement is first signed on behalf of both parties
and extends until this Agreement is terminated.
3 ICANN Obligations
3.1 Recognition of the Sponsoring Entity.
ICANN hereby recognizes TWNIC as the manager of the Delegated ccTLD
during the Term of this Agreement.
3.2 Authoritative-Root Database. ICANN shall
maintain, or cause to be maintained, a stable, secure, and authoritative
database (referred to in this Agreement as the "Authoritative-Root
Database") of relevant information about TLDs in the Authoritative
Root-Server System. For the Delegated ccTLD, the Authoritative-Root
Database shall contain information about at least the Sponsoring Entity,
the administrative contact, the technical contact, and the nameservers.
3.3 Designation of Administrative and Technical
Contacts. At the commencement of the Term of this Agreement, the
administrative and technical contacts for the Delegated ccTLD shall
be as stated on Attachment A.
From time to time during the Term of this Agreement, the Sponsoring
Entity may, by notifying ICANN in writing, request a change in the designation
of the administrative or technical contact. The administrative and technical
contact must reside in the territory of the Governmental Authority during
the entire period he or she is designated as such. The request for designation
of an administrative or technical contact must be made by the Sponsoring
Entity and be accompanied by complete and accurate contact information
for the newly designated contact according to Section 4.4.
ICANN shall implement a request to change the administrative or technical
contact for the Delegated ccTLD in the Authoritative-Root Database within
seven days after ICANN is reasonably satisfied that the request is genuine
and meets the requirements of this Section 3.3.
3.4 Updating of Nameserver Information. At
the commencement of the Term of this Agreement, the host names and IP
addresses of the nameservers for the Delegated ccTLD shall be as stated
on Attachment A.
From time to time during the Term of this Agreement, the Sponsoring
Entity may, by notifying ICANN, request a change in the host name or
IP address(es) of the nameservers for the Delegated ccTLD reflected
in the Authoritative-Root Database. The initial format and technical
requirements for such requests are set forth in Attachment B.
Changes to the format requirements may be made by ICANN upon thirty
days written notice to the Sponsoring Entity. Changes to the technical
requirements may be made only with the mutual written consent of ICANN
and the Sponsoring Entity (which neither party shall withhold unreasonably)
or in the manner provided in Section 5. ICANN
shall implement a request for a change to nameserver data for the Delegated
ccTLD in the Authoritative-Root Database within seven days after ICANN
is reasonably satisfied that the request is genuine and meets the requirements
of this Section 3.4.
3.5 Implementation of Updates to Contact Information.
ICANN shall implement a request submitted by the Sponsoring Entity under
Section 4.4 to revise contact information in
the Authoritative-Root Database within seven days after ICANN is reasonably
satisfied that the request is genuine and meets the requirements of
Section 4.4.
3.6 Publication of Root-Zone Whois Information.
ICANN shall publish, or cause to be published, data maintained in the
Authoritative-Root Database about the Delegated ccTLD. The published
data shall include at least the names of the Sponsoring Entity, the
Administrative Contact, and the Technical Contact. The specification
of the data elements published, the means of publication, and the update
frequency of the publication initially shall be as provided in Attachment C.
Changes to those specifications may be made only with the mutual written
consent of ICANN and the Sponsoring Entity (which neither party shall
withhold unreasonably) or in the manner provided in Section 5.
3.7 Operation of Authoritative Root-Nameserver
System; Contents of Authoritative Root-Zone File. ICANN shall use
reasonable commercial efforts to coordinate the Authoritative Root-Server
System to ensure that it is operated and maintained in a stable and
secure manner. ICANN, to the extent it has the authority under its agreements
and otherwise, shall cause the Authoritative Root-Server System to publish
DNS resource records delegating the Delegated ccTLD to the nameservers
recorded in the Authoritative-Root Database.
3.8 Maintenance of Authoritative Records and Audit
Trail. ICANN shall maintain, or cause to be maintained, authoritative
records and an audit trail regarding ccTLD delegations and records related
to these delegations. These records concerning .tw shall be provided
to TWNIC and the Governmental Authority once they request within 30
days.
3.9 Notification of Changes to ICANN's Contact
Information. ICANN shall notify the Sponsoring Entity of any changes
to ICANN's contact information no later than seven days after the change
becomes effective.
3.10 Use of ICANN Name and Logo. ICANN hereby
grants to the Sponsoring Entity a non-exclusive, worldwide, royalty-free
license during the Term of this Agreement (a) to state that it is recognized
by ICANN as the Sponsoring Entity for the Delegated ccTLD and (b) to
use a logo specified by ICANN to signify that recognition. No other
use of ICANN's name or logo is licensed hereby. This license may not
be assigned or sublicensed by the Sponsoring Entity. The Sponsoring
Entity does not acquire any right, title to or interest in any of ICANN's
names or logos as a result of this Agreement.
4. The Sponsoring Entity Obligations
4.1 Provision of Nameservice for the Delegated
ccTLD. The Sponsoring Entity shall use reasonable and best commercial
efforts to cause the authoritative primary and secondary nameservers
for the Delegated ccTLD to be operated and maintained in a stable and
secure manner, adequate to resolve names within the Delegated ccTLD,
and any sub-domains over which the Sponsoring Entity retains administrative
authority, for users throughout the Internet.
4.2 ICANN Access to Zone Files and Registration
Data for the Delegated ccTLD. The Sponsoring Entity shall ensure
that the zone file and accurate and up-to-date registration data for
the Delegated ccTLD is continuously available to ICANN, in a manner
which ICANN may from time to time reasonably specify, for purposes of
verifying and ensuring the operational stability of the Delegated ccTLD
only.
4.3 ccTLD Registry Data Escrow. The Sponsoring
Entity shall ensure the safety and integrity of the registry database,
including the establishment at its expense of a data escrow or a mirror
site policy for the registry data managed by the Sponsoring Entity.
The escrow agent or mirror-site operator shall be approved by the Sponsoring
Entity and the Governmental Authority, and shall not be under the Sponsoring
Entity's control. The escrowed or mirror-site data shall be held under
an agreement (the "Escrow Agreement") among the Sponsoring
Entity, the said escrow agent or mirror-site operator, and the DGT,
providing that (1) the data will be maintained by the escrow agent or
mirror-site operator according to business practices prevalent within
the territory of the Governmental Authority (the DGT); (2) the escrow
agent or mirror-site operator will verify the data to be complete, consistent,
and in proper format according to a schedule and procedures to be reasonably
agreed by the parties; (3) upon termination of this Agreement, the data
will be provided immediately to the successor manager for the Delegated
ccTLD; and (4) in the event of such provision, the successor manager
shall have all rights to use of the data necessary to operate the Delegated
ccTLD and its registry.
4.4 Accuracy and Completeness of Contact Information.
The Sponsoring Entity shall notify ICANN of any change to the contact
information about the Delegated ccTLD in the Authoritative-Root Database
no later than seven days after the change becomes effective. The administrative
and technical contact for the Delegated ccTLD must reside in the territory
of the Governmental Authority during the entire period he or she is
designated as such. The format of the notice shall comply with requirements
established from time to time by ICANN. The initial format requirements
are specified in Attachment D.
Changes to the format requirements may be made by ICANN upon thirty
days written notice to the Sponsoring Entity.
4.5 Conformity to ICANN Policies. The Sponsoring
Entity shall abide by ICANN policies developed in accordance to Section 5, that concern:
4.5.1 the interoperability of the Delegated ccTLD
with other parts of the DNS and Internet; technical operational capabilities
and technical performance of the ccTLD operator; and the obtaining
and maintenance of, and public access to, accurate and up-to-date
contact information for domain name registrants; and
4.5.2 other topics, in the circumstance that
the registration policies for the Delegated ccTLD encourage or promote
registrations from entities or individuals resident outside the territory
of the Governmental Authority, to the extent those policies are applicable
to the Delegated ccTLD, except where (a) the Sponsoring Entity is
prohibited by law from implementing such an other ICANN policy or
(b) the Governmental Authority instructs the Sponsoring Entity in
writing to refrain from implementing such an other ICANN policy, with
three months written notice to ICANN and the ICANN Governmental Advisory
Committee.
4.6 Financial Contributions to ICANN. Throughout
the Term of this Agreement, the Sponsoring Entity shall contribute to
ICANN's cost of operation in accordance with an equitable scale, based
on ICANN's total funding requirements (including reserves), developed
by ICANN on the basis of consensus, as described in Attachment F.
At ICANN's request, the Sponsoring Entity will provide ICANN with the
information reasonably necessary to calculate the amount of the Sponsoring
Entity's contribution (e.g., the number of Registered Names in the ccTLD)
in time of periodic calculations of that amount.
5 Establishment of Specifications and Policies
5.1 Procedure for Establishment. The specifications
and policies set forth in Attachment G
shall apply to the operation of the Delegated ccTLD under Section 4.5.1
beginning at the commencement of the Term of this Agreement. During
the Term of this Agreement, new or revised ICANN specifications and
policies applicable to the Sponsoring Entity shall be established according
to procedures that comply with ICANN's bylaws and articles of incorporation.
In addition, new or revised ICANN specifications and policies established
during the Term of this Agreement that are required by this Agreement
to be established in the manner specified in this Section 5 shall
be developed according to procedures that provide the Sponsoring Entity
with input into the decision making process, including where feasible
(a) prior notice (by web posting, by e-mail, or according to Section 6.8)
to the Sponsoring Entity explaining what specification or policy is
being considered for adoption and why; (b) reasonable opportunities
for the Sponsoring Entity to comment, in writing and at a public forum,
before the specification or policy is established, and (c) a written
statement of the specification or policy that is established and the
reason(s) for its establishment.
5.2 Time Allowed for Compliance. The Sponsoring
Entity shall be afforded a reasonable period of time (not to exceed
four months unless the nature of the specification or policy established
under Section 5.1 reasonably requires, as agreed
to by ICANN and the Sponsoring Entity, a longer period) after receiving
notice of the establishment of a specification or policy under Section 5.1
in which to comply with that specification or policy, taking into account
any urgency involved.
6 Miscellaneous
6.1 Termination by the Sponsoring Entity.
This Agreement may be terminated by the Sponsoring Entity upon six months
written notice to ICANN and to the Governmental Authority (the DGT).
6.2 Termination by ICANN. This Agreement may
be terminated by ICANN in any of the following circumstances:
6.2.1 The Sponsoring Entity fails to cure any
material breach of this Agreement within thirty days (or such longer
reasonable period as may be necessary using best efforts to cure such
breach) after ICANN gives the Sponsoring Entity written notice of
the breach, and to the Governmental Authority.
6.2.2 The Sponsoring Entity's action or failure
to act has been determined by arbitration under Section 6.5
to be in violation of this Agreement and the Sponsoring Entity continues
to act or fail to act in the manner that was determined to violate
this Agreement for a period stated in the arbitration decision, or
if no period is stated, thirty days.
6.2.3 The Sponsoring Entity acts or continues
acting in a manner that ICANN has reasonably determined endangers
the operational stability of the DNS or the Internet after the Sponsoring
Entity receives seven days' notice of that determination.
6.2.4 After ICANN is notified by the Governmental
Authority that the Sponsoring Entity has contravened the terms of
the Governmental Communication, or the term of the Governmental Authority's
designation of the Sponsoring Entity as manager of the Delegated ccTLD
has expired, ICANN gives notice of its intent to terminate to the
Sponsoring Entity.
6.2.5 The Sponsoring Entity becomes bankrupt
or insolvent.
This Agreement may be terminated in the circumstances described in
Sections 6.2.1 through 6.2.3 above only upon thirty
days notice (the "Arbitration Notice Period") to the Sponsoring
Entity and to the Governmental Authority (occurring after the Sponsoring
Entity's failure to effect a cure during the stated period), with the
Sponsoring Entity being given an opportunity during the Arbitration
Notice Period to initiate arbitration under Section 6.5
to determine the appropriateness of termination under this Agreement.
In the event the Sponsoring Entity initiates arbitration concerning
the appropriateness of termination by ICANN, the Sponsoring Entity may
at the same time request that the arbitration panel stay the termination
until the arbitration decision is rendered, and that request shall have
the effect of staying the termination until the decision or until the
arbitration panel has granted an ICANN request for lifting of the stay.
If the Sponsoring Entity acts in a manner that ICANN reasonably determines
endangers the operational stability of the DNS or the Internet and upon
notice does not immediately effect a cure, ICANN may suspend this Agreement
for five calendar days pending ICANN's application for more extended
injunctive relief under Section 6.5. This Agreement
may be terminated immediately upon notice to the Sponsoring Entity in
the circumstances described in Sections 6.2.4 and 6.2.5.
6.3 Effect of Termination. Upon termination
of this Agreement, ICANN shall notify the Sponsoring Entity of the successor
to which the management of the Delegated ccTLD has been reassigned in
coordination with the Governmental Authority, the DGT. (The manner or
result of selection of the successor shall not be subject to challenge
by the Sponsoring Entity). The parties shall then cooperate to transfer
operation of the Delegated ccTLD to that successor. In particular, the
Sponsoring Entity shall ensure the transfer of all relevant DNS and
registry data to the successor, subject only to the successor's commitment
to use the data in a manner consistent with the Sponsoring Entity's
prior published commitments made to data subjects regarding the use
of their personal data. The Sponsoring Entity acknowledges that upon
termination of this Agreement it will cease to be the recognized manager
administrator of the Delegated ccTLD. The Sponsoring Entity agrees to
the reassignment of the Delegated ccTLD under the conditions and in
the manner described in Section 6.2 and shall
indemnify, defend, and hold harmless ICANN (including its directors,
officers, employees, and agents) from and against any and all claims,
damages, liabilities, costs, and expenses, including reasonable legal
fees and expenses, arising out of termination of this Agreement according
to that Section.
6.4 No Monetary Liability. No breach of an
obligation arising under this Agreement shall give rise to monetary
liability by one party to another, provided that a party's failure to
make financial contributions as required by this Agreement shall constitute
a material breach of this Agreement.
6.5 Resolution of Disputes. Disputes arising
under, in connection with, or related to this Agreement shall be finally
settled under the Rules of Arbitration of the International Chamber
of Commerce ("ICC"). The arbitration shall be conducted in
English and shall occur at a location agreed by the parties or, in the
absence of agreement, in New York, New York, USA. There shall be three
arbitrators: ICANN shall choose one arbitrator, the Sponsoring Entity
shall choose one arbitrator, and, if those two arbitrators do not agree
on a third arbitrator, the third shall be chosen according to the ICC
rules. ICANN and the Sponsoring Entity shall bear the costs of the arbitration
in equal shares, subject to the right of the arbitrators to reallocate
the costs in their award as provided in the ICC rules. The parties shall
bear their own attorneys' fees in connection with the arbitration, and
the arbitrators may not reallocate the attorneys' fees in conjunction
with their award. The arbitrators shall render their decision within
ninety days of the conclusion of the arbitration hearing. For the purpose
of aiding the arbitration and/or preserving the rights of the parties
during the pendency of an arbitration, the parties shall have the right
to seek a stay or temporary or preliminary injunctive relief from the
arbitration panel or in a court located in Los Angeles, California,
USA, which shall not be a waiver of this arbitration agreement. In all
litigation involving ICANN concerning this Agreement, jurisdiction and
exclusive venue for such litigation shall be in a court located in Los
Angeles, California, USA; however, the parties shall also have the right
to enforce a judgment of such a court in any court of competent jurisdiction.
6.6 Choice of Law. Issues of law arising in
connection with the interpretation of this Agreement shall be resolved
by (a) the rules of law determined by the conflict of laws rules which
the arbitration panel considers applicable and (b) such rules of international
law as the arbitration panel considers applicable; provided that the
validity, interpretation, and effect of acts of the Governmental Authority
and the Sponsoring Entity shall be judged according to the laws of Taiwan's
government and the validity, interpretation, and effect of acts of ICANN
shall be judged according to the laws of the State of California, USA.
6.7 No Third-Party Beneficiaries. This Agreement
shall not be construed to create any obligation by any party to any
non-party to this Agreement.
6.8 Notices. Except as otherwise specifically
provided, all notices to be given under this Agreement to the parties
or the Governmental Authority shall be given in writing at the address
as set forth below, unless the recipient has given a notice of change
of address in writing. Any notice required by this Agreement shall be
deemed to have been properly given when delivered in person, when sent
by electronic facsimile, or when scheduled for delivery by internationally
recognized courier service.
If to ICANN, addressed to:
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, California 90292 USA
Telephone: +1/310/823-9358
Facsimile: +1/310/823-8649
If to the Sponsoring Entity, addressed to:
Taiwan Network Information Center (TWNIC),
4F-2, No.9, Roosevelt Road, Section 2,Taipei, 100, Taiwan
Telephone: + 886-2-2341-1313
Facsimile: + 886-2-2396-8832
If to the Governmental Authority:
The Directorate General of Telecommunications (the DGT),
Ministry of Transportation and Communications
No. 16, Sec. 2, Chinan Road, Taipei, 100, Taiwan
Telephone: 886-2-2343-3663
Facsimile: 886-2-2343-3863
6.9 Dates and Times. All dates and times relevant
to this Agreement or its performance shall be computed based on the
date and time observed in Los Angeles, California, USA.
6.10 Language. All notices, designations,
determinations, and specifications made under this Agreement shall be
in the English language.
6.11 Subcontracting.
6.11.1 The Sponsoring Entity may subcontract
part or all of the technical operations of the registry for the Delegated
ccTLD only under terms that ensure that the subcontractor has the
technical qualifications required by ICANN. Prior to entering into
the subcontracting relationship, the Sponsoring Entity shall provide
ICANN written notice of the proposed subcontractor, a written description
of the subcontractor's qualifications and proposed role, and a written
acknowledgement signed by the subcontractor that its rights under
the subcontract are subject to termination upon termination of this
Agreement.
6.11.2 In any subcontracting of the technical
operations of the registry or administrative and management functions
of the Delegated ccTLD, the subcontract must state that the delegation
itself is an exercise of a public right, not an item of property,
and cannot be reassigned to a new manager except by ICANN. The Sponsoring
Entity's obligations to ICANN under this Agreement shall not be diminished
or affected by the fact it has subcontracted some operations or functions
with respect to the Delegated ccTLD.
6.12 Assignment. Any assignment of this Agreement
shall be effective only upon the assignee's written agreement, enforceable
by the other party, to assume the assigning party's obligations under
this Agreement. Moreover, neither party may assign this Agreement without
the prior written approval of the other party. Notwithstanding the foregoing,
ICANN may assign this Agreement by giving written notice to the Sponsoring
Entity (a) in conjunction with a reorganization or re-incorporation
of ICANN, to another non-profit corporation organized for the same or
substantially the same purposes as ICANN or (b) as required by Section 5 of Amendment 1 (dated 10 November 1999) to the 25 November 1998
Memorandum of Understanding between ICANN and the United States Department
of Commerce.
6.13 Entire Agreement. This Agreement (including
its Attachments, which form a part of it, but not its Annexes, which
are not part of the Agreement) constitutes the entire agreement of the
parties hereto pertaining to the matters covered in this Agreement and
supersedes all prior agreements, understandings, negotiations and discussions,
whether oral or written, between the parties on those matters. In the
event of a conflict between the provisions in the body of this Agreement
(Sections 1 to 6) and any provision
in its Attachments, the provisions in the body of the Agreement shall
control.
6.14 Review of Agreement. At the request
of either party, the parties will in good faith review the appropriateness
of the provisions of this Agreement in view of any materially changed
circumstances. Any modifications agreed as a result of such a review
will become effective only in accordance with Section 6.15.
6.15 Amendments and Waivers. No amendment,
supplement, or modification of this Agreement or any provision hereof
shall be binding unless executed in writing by all parties. No waiver
of any provision of this Agreement shall be binding unless evidenced
in writing and signed by the party waiving compliance with such provision.
No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision hereof, nor shall
any such waiver constitute a continuing waiver unless otherwise expressly
provided.
6.16 Counterparts. This Agreement may be
executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate by their duly authorized representatives.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
By:__/s/_____________________________
M. Stuart Lynn
President and CEO
Date: 26 May 2003
Taiwan Network Information Center (TWNIC)
By:__/s/_____________________________
M. Vincent W.S. Chen
Executive Director
Date: 26 May 2003
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