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ARTICLE 12: ACCEPTANCE OF PROTOCOL AND COVENANT NOT TO SUE

As a condition of entry as a Challenger in America's Cup XXX and in addition to all other requirements under the Deed of Gift, all Challengers are required under Article I to agree that they accept and will be bound by all of the provisions of this Protocol. It is further agreed by all Challengers and the RNZYS that decisions rendered by the America's Cup Arbitration Panel are binding and not subject to appeal and may not be referred to any court or other tribunal for review in any manner.

By participating in a race conducted under the Racing Rules, each Challenger agrees to be bound by Fundamental Rule B, Competitor's Responsibilities.

Any Challenger who resorts to any court or tribunal not provided by the Racing Rules is in breach of this Protocol and may not make the declaration provided in Article 8 and shall not be eligible to be Challenger for the Match.

Each Challenger on its own behalf and on behalf of each of its officers, members, employees, agents and contractors, covenants that they will not, at any time, in relation to any matter governed by this Protocol or in respect of America's Cup XXX issue proceedings or suit in any court or other tribunal against all or any of the following:

RNZYS or any of its officers, members, employees, agents or contractors;

any other Challenger or the Challenger of Record or any of their respective officers, members, employees, agents or contractors;

any candidate for the defence or any of its officers, members, employees, agents or contractors;

the Jury or any of its members, or any Umpire or other official involved in running the Selection Series or the Match;

the Measurement Committee or any of its members; or

the America's Cup Arbitration Panel or any of its members.

Each candidate for the defence, on its own behalf and on behalf of each of its officers, members, employees, agents and contractors, covenants that they will not, at any time, in relation to any matter governed by this Protocol or in respect of America's Cup XXX issue proceedings or suit in any court or other tribunal against all or any of the following:

RNZYS or any of its officers, members, employees, agents or contractors;

Any other candidate for the defence or any of its officers, members, employees, agents or contractors;

Any Challenger or the Challenger of Record or any of their respective officers, members, employees, agents or contractors;

The Jury or any of its members or any umpire or other official involved in running the Selection Series or the Match;

The Measurement Committee or any of its members; or

The America's Cup Arbitration Panel or any of its members.

For the avoidance of doubt these covenants do not limit the right of any Challenger or candidate for the defence or any of their respective officers, members, employees, agents or contractors, to issue proceedings or suit in relation to:

any loss or damage in respect of usual marine risks and in respect of which claims would ordinarily be the subject of Hull, War Risk and P&I cover;

any loss or damage to any other property used in connection with a challenge or the Defence;

any injury, loss or damage to a person, boats or other property as a result of wilful or negligent acts; and

any person who is allegedly in breach of any confidentiality undertaking or restrictive covenant entered into with any Challenger or candidate for the defence.

Any Challenger who is in breach of their covenant is in breach of this Protocol and may not make the Declaration provided in Article 8 and shall not be eligible to be Challenger for the Match.

ARTICLE 13: NATIONALITY ELIGIBILITY

In an effort to better maintain the provision in the Deed of Gift for "Friendly competition between foreign countries" the Interpretive Resolutions of the America's Cup Deed of Gift issued by prior Trustees are retained except:

The First 1984 Resolutions are altered so that Footnote (1) of the 1982 Amendments is replaced with the words "The requirement that a person be a national will be satisfied if the person has been domiciled in, or has had a principal place of residence in, or has had a valid passport of that country for no shorter period than the three years before the date of the first race of the applicable America's Cup Match". The Second 1990 Resolutions are altered so that:

Not later than June 30, 1997, and to the extent arrangements have been made, each Challenger and candidate for the defence of the Cup shall submit to RNZYS, the names and details of the designers of the hull, appendages, rig, and sails of its yacht who satisfy the conditions of nationality for more than one country. Any additions after June 30, 1997 shall be submitted, as above, not more than 10 days after the person or persons are engaged by the Challenger or candidate for the defence of the Cup.

Not later than October 30, 1999 and to the extent arrangements have been made, each challenging club and candidate for the defence of the Cup shall submit to RNZYS, the names and details of the members of the competing yacht's crew, who satisfy the conditions of nationality for more than one country.

RNZYS shall promptly provide copies of all such names and details of designers and crew to the Challenger of Record for dissemination to all Challengers and shall disseminate thereto all candidates for the defence, respectively. A person whose name and details have been properly submitted, and copied to the Challenger of Record, shall be deemed eligible to participate in the Challenger Selection Series and the Match as a national of the country so claimed unless, within 28 days after submittal to the Challenger of Record, there is a challenge to the person's eligibility by referring it to the America's Cup Arbitration Panel. A person who has been determined otherwise eligible under this process may become ineligible if, subsequent to a determination of eligibility, his or her actions violate the nationality requirements set forth in the amendments to Footnote (1) in amplification of the 1980 Resolutions set forth in the First 1984 Resolutions and the Second 1990 Resolutions, as modified by paragraph (a) of this Article 13.

Subsequent to the first race of the Challenger Selection Series a Challenger shall submit to the RNZYS, and RNZYS shall itself submit in respect of the defence, the name and details of additional crew members on their respective yachts who satisfy the conditions of nationality for more than one country and such names and details shall be immediately provided by RNZYS to the Challenger of Record for dissemination to all Challengers, respectively. The persons whose names and details have been properly submitted shall be deemed eligible to sail as a national of the country so claimed unless, within 7 days after being provided to the Challenger of Record there is a challenge to the person's eligibility by referring it to the America's Cup Arbitration Panel in which event, such persons shall be ineligible to sail during the 7 day period. All disputes relating to the determination of the country which a designer or crew member may represent in the America's Cup shall be resolved:

first, if relating to a Challenger, by the Challenger of Record (or, if constituted, a Challenger of Record Committee elected by the Challengers and duly approved by RNZYS), and RNZYS must ratify the Challenger of Record decision

secondly, if relating to a defender, by the RNZYS, and the Challenger of Record must ratify the RNZYS decision.

If in either of the above situations RNZYS and the Challenger of Record cannot agree and do not ratify the other's decision, the matter shall immediately be referred to the America's Cup Arbitration Panel for determination.

Unless the Challenger of Record and the RNZYS otherwise agree, and in each case subject to satisfactory confidentiality undertakings being entered into, following the commencement of the first race of the Challenger Selection Series:

no person who has crewed on a yacht in the Challenger Selection Series, no person who has worked as a designer for a Challenger, and no other person who works in any capacity for a Challenger and whose name is notified in writing to RNZYS by a Challenger as being a person to whom this Article 13(e) shall apply, shall thereafter crew on any yacht of, or work as a designer or in any other capacity for, any other Challenger or any candidate for the defence;

no person who has crewed on a yacht of a candidate for the defence after the commencement of the first race of such Challenger Selection Series, no person who has worked as a designer for a candidate for the defence, and no other person who works in any capacity for a candidate for the defence and whose name is notified in writing to RNZYS by a candidate for the defence as being a person to whom this Article 13(e) shall apply, shall thereafter crew on any yacht of, or work as a designer or in any other capacity for, any Challenger or any other candidate for the defence; and

no person who has been a member of the America's Cup Arbitration Panel, a member of the International Jury or an International Umpire for America's Cup XXX, a member of the Race Committee or who has held any similar position shall thereafter crew on any yacht of, or work as a designer or in any capacity for, any Challenger or any candidate for the defence.

The "First 1993 Resolutions" adopted by unanimous consent of the board of directors of the San Diego Yacht Club on April 9 1993 shall not apply and RNZYS, in its capacity as trustee, will rescind the "First 1993 Resolution". RNZYS has agreed to use its best endeavours to try and formulate an appropriate interpretive resolution to deal with the issues of the use by designers of various design tools such as computer software and testing facilities, with a view to issuing such an interpretive resolution before 31 December 1996. If such an interpretive resolution is issued it will apply for America's Cup XXX.

The 1980 Resolutions and the 1982 Amendments are altered by replacing subparagraph (b) with the following:

"(b) A yacht shall be deemed to be "built" in a country if the hull of the yacht, including all framing and all planking, plating or other form of surfacing of the hull, shall be fabricated and assembled in that country, provided that the foregoing provisions of this clause (b) shall not prevent the modification of the hull of any Challenger, or candidate, in the country in which an America's Cup match is to take place, so long as the modification or manufacture:

is effected when the Challenger or candidate is in such country; and

meets the requirements of clause (a) above, and"

and by adding new subparagraphs (c), (d), (e) and (f) as follows:

"(c) A yacht shall be deemed to be "built" in a country irrespective of where the yacht's sails and rigs are manufactured so long as the requirements of clause (a) above are met in relation to those sails and rigs;

(d) For the purpose of clause (c) above, a rig shall include mast and main boom tapers, shroud and spreader locations, and non-standard fittings;

(e) In relation both to rigs and yachts generally, standard fittings of different design origin are acceptable provided they are generally available; and

(f) If any sail or rig of a yacht of a Challenger or candidate for the defence is manufactured in a country other than that in which that Challenger or candidate for the defence is located, then any other Challenger or candidate for the defence shall, on request, be provided by the particular Challenger or candidate for the defence with written certification from the manufacturer that it received the sail or rig design from a designer satisfying the nationality requirements of the country in which the particular Challenger or candidate for the defence is located and that construction of the sail or rig complied with that designer's drawings and/or specifications."

ARTICLE 14: ADVERTISING

RNZYS intends generally to maintain constraints on advertising for America's Cup XXX similar to those in America's Cup XXIX with the following exception:

the use or display of the name of any tobacco product, (b) the use or display of the name of any company or other entity where such name is also, in whole or in part, the name under which a tobacco product is produced, sold, or otherwise distributed, (c) the use or display of a logo, trademark, device or design that is commonly used on tobacco products.

ARTICLE 15: RECONNAISSANCE

The intention of this provision is to prohibit Challengers and candidates for the defence and their respective syndicates from gathering (or attempting to gather) design and yacht performance data and information from or about another Challenger or candidate for the defence, its business operations, or its yachts, especially through illegal, clandestine, dangerous, or expensive means.

This provision applies throughout the world as between all syndicates representing either a challenging yacht club or RNZYS from 14 May 1996 through to the last race of the Match.

Specifically permitted acts include, but are not limited to:

the visual observation, photography, and video taping of another syndicate's yacht from a surface vessel operated in a safe manner and in accordance with local regulations for separation of traffic and provided the observations are made from a distance of at least 200 meters and are not in violation of sub-paragraph (j) below. The observing syndicate must clearly identify the observing vessel with the syndicate's name or known flag,

the visual observation of another syndicate's yacht, not intended to gather design and yacht performance information, and which is largely unavoidable due to the close proximity of compounds of competing syndicates or passages in the harbour or at sea or overflying in the case of passages by air, and

the receipt and use of casual gossip and press reports.

Specifically prohibited are (in regard to or when directed against another syndicate's yacht, support boats or facilities for purposes contrary to the intent of this rule):

any illegal act,

the use of long-range listening devices for eavesdropping,

the use of satellites, aircraft (fixed or rotary winged), and/or other means to observe or record from above other participant's yachts when sailing or ashore in compounds,

the use of divers, submarines or other means to observe or record below or from below the surface of the water,

the capture, recording or analysis of performance data emanating from telemetry, instruments, computers, etc. from another competing syndicate, the acceptance of any information from a third party that, under this rule, would have been improper for the syndicate to obtain directly,

the use of any vessel (other than the opposing yacht in a match) or vehicle to "shadow" or otherwise attempt to gauge performance. "Hooking up" or otherwise engaging in matches against the yacht of any other participant while tuning or practising, without first obtaining the consent of the other yacht, is a violation of this provision,

other than from an opposing yacht in the same match the use of instruments such as laser range-finders and radar to attempt to gauge performance, or the use of discarded waste material from syndicate compounds or any other source.

The penalty for failing to comply with this rule shall be decided by the America's Cup Arbitration Panel who may, when the Jury is appointed under Article 23, delegate that power under this Article 15 to the Jury. Penalties may be applied to the owner, the yacht, the crew or all or any of them. Penalties may include loss of points or exclusion or disqualification from the event.

ARTICLES 1-11 || ARTICLES 12-15 || ARTICLES 16-27


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