By ICANN Sample Clauses

By ICANN. ICANN will indemnify, defend and hold harmless the IETF Trust, its Affiliates, employees and trustees (“Trust Indemnitees”) from and against any and all Third Party Claims and associated Liability to the extent arising directly or indirectly from (a) ICANN’s material breach of any of its representations, warranties or agreements set forth herein, or (b) ICANN’s or any of its licensee’s use of the Assigned Intellectual Property, and the conduct of any business or other activity by ICANN or its licensees under or using the Assigned Intellectual Property, prior to the Effective Date, or (c) the IETF Trust’s or any of its licensees’ (other than ICANN or any of its Affiliates or sublicensees) use of the Assigned Intellectual Property, and the conduct of any business or other activity by the IETF Trust or such licensees under or using the Assigned Intellectual Property, after the Effective Date, which use is of the same scope and nature as ICANN’s or its Affiliates’ or licensees’ use prior to the Effective Date (including location and class of service). Notwithstanding the forgoing, ICANN’s indemnity obligation with respect to clause 6.1(c) above shall have a duration of only three (3) years from the Effective Date.
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By ICANN. ICANN MAY TERMINATE THIS AGREEMENT IF AND ONLY IF: (I) REGISTRY OPERATOR FAILS TO CURE ANY FUNDAMENTAL AND MATERIAL BREACH OF REGISTRY OPERATOR’S OBLIGATIONS SET FORTH IN SECTIONS 3.1(A), (B), (D) OR (E); SECTION 5.2 OR SECTION 7.3 WITHIN THIRTY CALENDAR DAYS AFTER ICANN GIVES REGISTRY OPERATOR WRITTEN NOTICE OF THE BREACH, WHICH NOTICE SHALL INCLUDE WITH SPECIFICITY THE DETAILS OF THE ALLEGED BREACH; AND (II) (A) AN ARBITRATOR OR COURT HAS FINALLY DETERMINED THAT REGISTRY OPERATOR IS, OR WAS, IN FUNDAMENTAL AND MATERIAL BREACH AND FAILED TO CURE SUCH BREACH WITHIN THE PRESCRIBED TIME PERIOD AND
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Related to By ICANN

  • Public Posting of Approved Users’ Research Use Statement The PI agrees that information about themselves and the approved research use will be posted publicly on the dbGaP website. The information includes the PI’s name and Requester, project name, Research Use Statement, and a Non-Technical Summary of the Research Use Statement. In addition, and if applicable, this information may include the Cloud Computing Use Statement and name of the CSP or PCS. Citations of publications resulting from the use of controlled-access datasets obtained through this DAR may also be posted on the dbGaP website.

  • Research Use The Requester agrees that if access is approved, (1) the PI named in the DAR and (2) those named in the “Senior/Key Person Profile” section of the DAR, including the Information Technology Director and any trainee, employee, or contractor1 working on the proposed research project under the direct oversight of these individuals, shall become Approved Users of the requested dataset(s). Research use will occur solely in connection with the approved research project described in the DAR, which includes a 1-2 paragraph description of the proposed research (i.e., a Research Use Statement). Investigators interested in using Cloud Computing for data storage and analysis must request permission to use Cloud Computing in the DAR and identify the Cloud Service Provider (CSP) or providers and/or Private Cloud System (PCS) that they propose to use. They must also submit a Cloud Computing Use Statement as part of the DAR that describes the type of service and how it will be used to carry out the proposed research as described in the Research Use Statement. If the Approved Users plan to collaborate with investigators outside the Requester, the investigators at each external site must submit an independent DAR using the same project title and Research Use Statement, and if using the cloud, Cloud Computing Use Statement. New uses of these data outside those described in the DAR will require submission of a new DAR; modifications to the research project will require submission of an amendment to this application (e.g., adding or deleting Requester Collaborators from the Requester, adding datasets to an approved project). Access to the requested dataset(s) is granted for a period of one (1) year, with the option to renew access or close-out a project at the end of that year. Submitting Investigator(s), or their collaborators, who provided the data or samples used to generate controlled-access datasets subject to the NIH GDS Policy and who have Institutional Review Board (IRB) approval and who meet any other study specific terms of access, are exempt from the limitation on the scope of the research use as defined in the DAR.