Registrar Data Escrow Agreement

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Registrar Data Escrow Agreement This Registrar Data Escrow Agreement (“Agreement”) among (“Registrar”), a(n) , Iron Mountain Intellectual Property Management, Inc., a Delaware corporation (“Escrow Agent”), and the Internet Corporation for Assigned Names and Numbers, a California nonprofit public benefit corporation (“ICANN”) is effective on this day of , (the “Effective Date”).. Escrow Agent shall hold and save ICANN (to the extent and subject to the limitations set forth in the Master Escrow Agreement) and Registrar (subject to the limitation set forth in Section 10 below) and their respective officers, directors, agents and employees harmless from liability, claims, suits, causes of action, fees, charges, costs, damages and any other expenses whatsoever of any nature or kind, for or on account of any or all suits or damages whatsoever resulting from injuries or damages sustained, arising or resulting from the negligence or willful misconduct of Escrow Agent, its parent, subsidiaries, officers, directors or employees.. Notwithstanding the foregoing, in the event Escrow Agent through negligence causes Registrar s information held in escrow to be delivered or made available to a person or entity other than a “Designated Party” (which shall be defined as ICANN or its designee, Registrar, or any named third-party pursuant to Registrar s written instructions), Escrow Agent s liability for damages suffered by Registrar in such circumstances shall not exceed (i) USD 100,000.00 (if Registrar completed 100,000 or more domain name Transactions during the preceding ICANN fiscal quarter) or (ii) USD 50,000.00 (if Registrar completed fewer than 100,000 domain name Transactions in the preceding ICANN fiscal quarter), provided, however, that notwithstanding the foregoing, Escrow Agent s liability shall be unlimited in any circumstances where there is: (i) gross negligence or willful misconduct (including for delivering or making ava 

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