HomeMy WebLinkAboutContract 32247 -; Y SECRETARY/q 7
^T NO.
ORAL LS
AMENDMENT TO THE
SOFTWARE LICENSE AND SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND ORACLE USA, INC.
THIS Amendment ("Amendment") is made and entered into on � 2005 („Amendment Effective
Date") by and between Oracle USA, Inc., formerly known as Peopl ft USA, Inc., ("Oracle")and the City of
Fort Worth ("Licensee").
WITNESSETH:
THAT, for and in consideration of the mutual promises herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Amendment,
intending to be legally bound, hereby agree that the Software License and Services Agreement between the
parties, dated March 25, 2004 ("Agreement")is amended to provide as follows:
1. Definitions. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the
same meaning as those used in the Agreement.
2. Modification.
2a. The first paragraph of the Software License and Services Agreement dated March 25, 2004 shall
be deleted in its entirety and replaced with the following:
"This Software License and Services Agreement is made and entered into on March 25, 2004
("Effective Date")by and between Oracle USA, Inc.,formerly known as PeopleSoft USA, Inc.,
("Oracle")and the City of Fort Worth ("Licensee"). All references to "PeopleSoft USA, Inc."and
"PeopleSoft"contained in this agreement are now be deemed to refer to"Oracle USA, Inc."and
"Oracle", respectively."
2b. Section 13"GENERAL" shall be modified as follows:
Insert the following new paragraph at the end thereof:
"In the event of any inconsistencies between this Agreement and Schedules and/or Ordering
Documents,the Schedules and/or Ordering Documents shall take precedence, as such no other
preprinted, non-negotiated or other terms and conditions on the Customer's purchase order,
website, or elsewhere shall apply."
3. Expiration of Offer: The offer set forth in this Amendment is valid only through August 30, 2005, and if
this Amendment is not executed by such date, the offer is rescinded, and all terms are null and void.
4. Conflict. In the event of any conflicts or inconsistencies between the provisions of this Amendment
and the Agreement and/oran ddenda thereto, the provisions of this Amendment shall prevail. The
remainder of the Agreement all re ain in full force and effect, unamended.
tuthotrized
T WORT O LE USA, INC.
Auhorized Signature
Marc .
AssistaManager AV 00Lk1.(j-v,ay-- LAO( CtStti-'fV�t c� �t�a��r
Printed Nam d Title Printed Name and Title
vZ
Date Date NO M&C REQUIRED
Attested By:
Amy J a Sey Marty Hend "Al
(oi5
Assistant City Attorney City Secretary
V�