| Commercial Support ( Optional ) |
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Commercial Support from CoCCA is available on the terms below. ( We will gladly entertain modifications as required ) -----// This SUPPORT AGREEMENT (the “Agreement”) is entered into by and between [ ccTLD Administrator ] located [ Address …] (“ccTLDAdmin”) and COCCA Registry Services (NZ) Limited, a New Zealand Corporation located at 11 Wynyard Street Devonport, New Zealand (“CoCCA”) (each a “Party” and collectively the “Parties”), as of the last date set forth in the signature block below. a) ccTLDAdmin shall grant secure access to registry servers and related system as required and mutually agreed for CoCCA to meet its obligations under this Agreement. a) CoCCA shall provide ccTLDAdmin with access to the source code, release candidates, patches and new releases of the CoCCA Registry system for the duration of the Agreement – use of the CoCCA system is royalty free and the license perpetual.
The obligations under this Agreement shall take effect as of the last date set forth below and continue for a period of one (1) year. Either Party may terminate this Agreement at any time by written notice to the other. In the event of termination by the ccTLDAdmin for non-performance on the part of CoCCA, or CoCCA does not fulfill its obligations (mentioned above), the support fee of 10,000 NZD will be linear depreciated over 12 months and the CoCCA will return the remaining value which will be (10,000NZD/12 * remaining months of the agreement). In the event of termination by the ccTLDAdmin for any other reason rather than the above, CoCCA will not refund ccTLDAdmin. In the event of termination by CoCCA in case that ccTLDAdmin does not fulfill its obligations (mentioned above), CoCCA will refund (10,000NZD /12 * remaining months of the agreement) to ccTLDAdmin. In the event of termination by CoCCA for any other reason than the above, CoCCA will refund 100% of the agreement value. Neither Party may assign, delegate or otherwise transfer this Agreement or any rights or obligations thereunder, except to such Party’s affiliates or successors in interest, without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any attempt to effectuate an assignment, delegation or transfer in violation of this Section shall be null and void. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the Parties. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: a) by personal delivery, when delivered personally; Notice shall be sent to the addresses set forth below or to such other address as either Party may specify in writing. 6) Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand, without regard to its choice of law principles. This Agreement contains the entire understanding of the Parties hereto, with respect to the transactions and matters contemplated hereby, and supercedes all previous agreements between the Parties concerning the subject matter, and cannot be amended except in writing and signed by both Parties. //--- |