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For U.S. Government entities, the rollowing restricted right"; dause applies: This Coaip)ncnt System is a "cote mer6ai conipoacnt," as
<br />this teen is defined in48 C.F,R. 2. 101, consisting of-cormliercial Computer soflwart- and "computer software documentation," as such
<br />tarms. are defined in 4S C.RR, 252,227-7014(a)(1) and 48 C.F.R, 251227-7014(a)i 5), respectively, and used in 48 CY.R. 12,212 and
<br />48 CY.R.. 227,2702, as applicablc,, and all as amended from titne to timc. Congistew with 48 C.F.R. 12.212 and 48 CZR. 227,7202,
<br />ane: other relevant suctions of theCode ofFcdcral Rogulitions, as applicable, and a I I ars amended rrointime to time, all U.S. Govornment
<br />elinties acquire this Component systern only with those riglvs set forth in tile aixornpanying this Component System(.
<br />U-sv, duplication, reproduction, or transfin, of lhi.,i commurcial software and accornpjnying docuntentation is restricted ill aecordancc
<br />rend by ii NcQnsv agreement,
<br />with FAR 12.212 and DFARS 22T7202 a
<br />By signing this Order Fonla. [Accrisec rcliresents and wart -anti that it Iran obtaincd .all <i%'ces,.ary authorizations and approvals including,
<br />Istat not limited t(% appropriation of funds and Ndgel appro%,al.
<br />COMM IT EEDS11EIDQUIL-KIN.!�S
<br />i. The Support Fee and Aiinual Escalation Nrcelltagl( ap ';et fordo above shall apph o;)iy to Ilic Companont Syqmms and nuts berand
<br />types of users set f6rth ubovc. If during the Initial Term of Support, or m any Banc during the remainder of the commitinent pt,,ri3d,
<br />Liconsv4 li"nsys additional Component Systems anchor users, or reinstates Support for any Previously licensed Component Systems
<br />arld"or users, the Support Fee will h1crense according to lnfor's then -current applicabl4 nates and policies.
<br />ii. Tile parties agree the Support Feeattd Annual Eicalmion Nrcentage Cap specificd (above is offerW by Infor soicly in reliance upon
<br />Licemev's commitmetit to renew annual Sull)ort through the Cominitted Term of Support which will be invoiced in advance of each
<br />annual support rtmewal period. The support period spcuiftcd herein ;i a binding icrm, wid Support may not be canceled during this
<br />tune. if Licenim- fails to pay Inror any portion of the Support Fee Whell due for arty rQasort Whatsoevi2r, then, ill addition to other'
<br />roinedici Infor may exercise, Licensee shall be immediately invGjved tor, and ,hidl be obligated to pay to Infor the Support Fee for the
<br />catire commitment poqiod, with Infor-standard antwat increases applied, ai liquidated damages and not as penalty, less any amounts
<br />previously paid by Licensee for the Support fees due heretinder. 11)e partics agr� this atnount is a fair and reasonable estimation of
<br />Info's damages in the event Licensee breaches it, obligation to Inaintain Support through the commitnierit period.
<br />Effective: date of this Order Form: (dic "Order Foi-yn Date"), w !.)v completed by Infor upon countersignature,
<br />THE PAiaiES have e-ccutcd this, Order Foran through (lac siguatuivs of their ropvcti%c authorized representatives -
<br />tier: -Infor (U , Inc. for:
<br />Susan Erdely
<br />Typed or Printed Name
<br />Director, Contracts
<br />Title
<br />APPROVED AS TO FORM:
<br />Sonia R, Carvalho
<br />City Attorney
<br />By:
<br />JDhn7%f, Funk
<br />Assistant City Attorney
<br />April l2,2017
<br />RECOMMENDED FOR APPROVAL:
<br />lack ulla
<br />Chi
<br />In' nnation Teclinology Department
<br />City of Santa Ana
<br />(Licensee)
<br />Signature
<br />ROBERT C. CORTEZ
<br />T)I)cd or Printtd Mame
<br />Deputy City Manager
<br />'ritie Clan
<br />ATTEST
<br />Maria 1), Fluiiar
<br />C1�rk of t'he CoLmcil
<br />Order Form (CPQ -English -U5 May 2016) OP -02025002 GSB SQB042241.-I-I v2 4(30)17 Page 3 of 3
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