Commentaries: Art. 43

OFCOM shall terminate the delegation contract without compensation if a delegate no longer fulfils the conditions for exercising the delegated function or tasks, ceases all activity or is in a state of bankruptcy, liquidation or in administration proceedings.
It may terminate the delegation contract by appropriately compensating the delegate if the de facto or de jure conditions have changed and if the termination is necessary to preserve overriding public interests. The compensation does not include compensation for loss of profits. It takes into account the amount received by the delegate under paragraph 5 letter b for the assistance provided.
OFCOM shall take over the delegated function or task or entrust it directly to a new delegate.¹
Holders retain their rights vis-à-vis the new Registry to the domain names which have been allocated to them.
The delegate is obliged to collaborate and to provide the new Registry with all the technical and organisational assistance necessary to ensure the continuity and security of the management of the domain concerned and of the domain names subordinate to it. It is entitled to compensation based on the utility value of its assistance. The compensation is, on request, fixed by OFCOM. The delegate must in particular make available:
1. free of charge: the activities log and the entirety of the conserved data or information which relates to the domain concerned and to the holders of the allocated domain names or the management activities associated with these domain names and their characteristics, in particular their technical characteristics;
2. in return for compensation for the asset value: the technical and data-processing infrastructure essential for the continuation of the function or of the delegated tasks.
The delegate shall ensure that the persons affected are aware of the cessation of its activities and of the steps to be taken to safeguard their claims.

Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). ↩

Art. 43

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