As I’ve pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S.
It is worth noting that ICANN has adhered to Amendment 3 in the past, which makes the more recent effort all the more stark of a contrast:
"C. Negotiation of the ICANN-PIR Agreement
The .org Registry Agreement was negotiated over the next ten days. On 24 October 2002, the fully negotiated agreement was posted on the ICANN web site. In line with ICANN's usual practice, ICANN Board members were afforded seven days in which to raise objections to the agreements based on policy considerations; no such objections were raised. On 26 November 2002, the U.S. Department of Commerce approved PIR as successor registry under Amendment 3 of its Memorandum of Understanding with ICANN. The ICANN and PIR formally entered the .org Registry Agreement on 2 December 2002."
It is worth noting that ICANN has adhered to Amendment 3 in the past, which makes the more recent effort all the more stark of a contrast:
"C. Negotiation of the ICANN-PIR Agreement
The .org Registry Agreement was negotiated over the next ten days. On 24 October 2002, the fully negotiated agreement was posted on the ICANN web site. In line with ICANN's usual practice, ICANN Board members were afforded seven days in which to raise objections to the agreements based on policy considerations; no such objections were raised. On 26 November 2002, the U.S. Department of Commerce approved PIR as successor registry under Amendment 3 of its Memorandum of Understanding with ICANN. The ICANN and PIR formally entered the .org Registry Agreement on 2 December 2002."
Reference: https://iana.org/reports/2002/org-report-09dec02.html