Item 09 -Agreements for Enterprise Resource Planning System Software

Home Browse Search

June 9, 2025 Page 35 of 37 Issued by Graviton Consulting Services, Inc. defined in Your Order Overage If, at the end of any month during the Services Period, You have exceeded the Funded Allocation Value, You must provide additional funding for Your usage, or You must cease to use the applicable Cloud Services. If You have exceeded the Funded Allocation Va lue and You have not ended Your use of the Services, You will be subject to overage fees. The increased services shall be equal to the actual usage/capacity that exceeds the Funded Allocation Value amount. Graviton will invoice You monthly in arrears for the e xcess usage of the Oracle laaS and PaaS Cloud Service at the Overage Unit Net Price specified in the rate card of Your Order or as seen in the Cloud Portal. Such invoice shall not require a separate ordering document. You shall pay the invoice in accordance with t his Order's payment terms. You may set quotas, alerts and use other monitoring tools within the Cloud Portal to assist You in man aging and tracking Your usage. If there is a dispute on the amount of the overages invoice: i) You shall promptly notify Graviton in writing of the dispute and the basis for Your dispute. Your notification to Graviton must include a detailed written explanation of Your objection to the overages invoice. Your written notice to Graviton must be del ivered to Graviton before the due date for your overages payment to Graviton ("Your payment date"). ii) If no written objection is provided to Graviton prior to Your payment date of the Graviton overages invoice, then You mus t transmit payment to Graviton for the Graviton overages invoice. Additional Services If Oracle adds additional service offerings to the list of eligible Oracle IaaS and PaaS Cloud Services within Your Cloud Ser vices Account during the Services Period, You may activate and use those service offerings and the discount wil l be applied based on the Cloud Service category discount specified in the rate card attached to Your Order or as seen in the Cloud Portal. The develop ment, release, and timing of any future features, functionality or service offerings remains at the sole discretion of Oracle Corporation. Replenishment of Account at End of Services Period If You are continuing to use services after the end of the Services Period specified in Your Order and You have not extended the Services period and increased the Funded Allocation Value for use of eligible Oracle IaaS and PaaS Cloud Services, You will be charged for the actual usage of all services that You activate and/or have activated within your Cloud Services Account based on Graviton’s then current price list for such services. Upon extending the term of the Services Period and increasing the amount of the Funded Allocation Value through a new order or modification of Your existing Order, You will receive the Cloud Services categ ory discounts specified in the rate card attached to Your new order or modification of the existing Order or as seen in the Cloud Portal. Roving Edge Parts. Roving Edge Infrastructure parts are limited-availability parts. This Order is not eligible for any Roving Edge Infrastructure products or services, even if a Roving Edge part number is specified in the Rate Card of this Order or seen in the Cloud Portal. C. Additional End User Terms This Order is subject to and incorporates the terms and conditions contained in this Section C in the form set forth below (“End User Terms”). Oracle is an irrevocable third-party beneficiary of the order between Graviton and the City, but does not assume any of Graviton’s obligations thereunder. Oracle will have no liability to the City arising out of or relating to the City’s non-compliance with the End User Terms. Should the City fail to be in compliance with the additional End User Terms below, or because of any other circumstance outside of Oracle’s control, then you agree Oracle may suspend or terminate the cloud services under this Order. In the event of termination, the end user’s right to receive cloud services under this Order is automatically forfeited. 1. Data Center Region Availability for UCM Platform and data center region availability information for Oracle Platform as a Service (PaaS) Cloud Services and for Oracl e Infrastructure as a Service (IaaS) Cloud Services is provided on the Oracle Cloud Portal at https://cloud.oracle.com/data-regions. 2. No Auto-Renewal Notwithstanding any statement, to the contrary in the Service Specifications, You expressly agree that the Services acquired under this Order will not auto-renew. D. Other 1. Order of Precedence In the event of inconsistencies between the terms contained in this Order and the agreement referenced above, this Order shall take precedence. This Order will override and control over the terms contained in any purchase order.