Oracle Corporation et al v. SAP AG et al

Filing 1201

Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)

EXHIBIT 15

A-5995

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Tate

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John

oracle.com

mUcsl11mgn@Qickcon1

Boucher

mail [e-mail]
MARY.AL1CE.COLELLO

oracle.com

phn.Boucher@

[e-mail]

KiVHLIDSYQoraclccom

LindseyKathleen

TM.STEDrac1ecom

StederJames

References2OOO5

oracle.com

oracle.coni

craig.tate

ColelloMary
oracle.com

Torn Marth

ar@orac1corn

chaluvadi.sridh

Alice

.us.orac1ecom

[e-mail]

wrote

Craig Tate

Jeff
dont
this

if you
have had
chance to look
at this
Since
yet or not
revised the date/time
of their request for
you yesterday Haworth
with their CEO to dinner on May 23

know

to

meeting

sent

Regards

Craig

From

Craig

Tate

Sent Wednesday

1215 PM

May 10 2006

To

[e-mail]

John

Cc

sean.srnithoracle.com

mike.schhmpen

Tom

[e-mail]

FW

Subject

Boucher

Haworth

response

response

in

to

Marth

oracIe.com

E-mail

Oracle

LindseyKathleen

Shelley

StederJames

Moses-Reed

proposal

Jeff
Haworths
you

with

this

email trail below
still not
this time of year
but

their defection
to SAP
and
that from happening
prevent
have
made and our responses
Reduce
support
they own
Our response
wW
to $250k

to current
gave

satisfied

Sorry

to

level

them this

of consumption
reduced

their

am

burden

genuinely concerned
am going
to do everything
think of to
can
As
quick reminder here are the demands

especially

320

support

licenses
this year

of

the

about

they

2800

from $l.lm

Park

the rest of the licenses
and reinstate when they turn them back on
no reinstatement
or back support fees
and at the current
run rate 58%
discount vs our policy of reverting to list less 25% std discount
Our response
We
waived
reinstatement
fee but will charge them back support
for the
updaterights
portion of support 68% of total support
We
did agree
to maintain their current
discount vs repricing back support
It took
me
for

weeks of
attempts involving
mention yonr helpthanks

back

and

forth with

etc not to
hqapp
support
concession
we
did
Still not good
this also represents
opinion
Obviously
enough in Haworths
big revrec issue
for those
of us
on the
license
side but
am beyond
about
our
being concerned
at this point and just trying to do
the
accountinglcompensaton
right thing

Highly

Confidential

Information

Attorneys

to get

the

Eyes Only

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levS diii authoiized asailives
1mm 1000 AM to noon here HOII1IU
by end at day Thway May 11200$

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kltwTnaflon

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616-393-3359

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FrI

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Randy

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called
the

LrtaaE tiaadc.wn1

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011g

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you

on

O.a.de.conL

Oit

and

discuss

to

Wednesday

hopefully

exec

your

assistant

gave

you

iessage

but
as
know these
realize you were locking for some answers yesterday
you
cflfficalt
issue and we have had to go through our interna
approval
very
no
less
than
times
this
on
our
past week to reach agreewient
process
bestIfin1
We
liade
your
requestssgnificant
progress today and
position
are

believe

Oc

we

Chairman
the

getting
to

will

call

we

be

in

Jeff

to provide

position

you

specifics

early

week

next

ivolved
assured flawotth
has gotten
so test
directly
attention
frotti
Oracle
Please feel free
visibility and
week
513cell phone this weekend
Dr
titie
next
fly
my

Henley

appropriate
on

directly

7031529
Reqards
Craig

nsa

Afl%

Kni

Suit

________
451 PM

May 02 2006

Ta aaEg.Qorade.an

Pam

dSnidsflSiorade.cttn

[e-mail]

Kettering
j1pnjtJi

and

Orade

Cg
an
aid

most concerned

incSng

actively

tenbon

we

that

the

set of issues

that

sid bflng the necessary
As you know1
rxilnts

HigNy

Confidential

wosihy

our
of

cense

are

not

require

energy

to

making

Otac4e

I-4awonh

agreement

us

hoped

fcc

rSSonstlV

attention

rapid

the

trust

that

progress
thought

you

10

it

in

take

torwad

moving

wise

to

these

bflng

to

your

on board

resolution

under negotiation

That said there are

some

attention

mb-mellon

Attorneys

Eyes Oily

ORCLOO2

72835

Haworth

must reduce

maintenance

its

to

obligations

current

its

level

of

consumption
Haworths
it

from

Haworth
it

to

is

Haworth

it

the

to

Haworth

or

economic

the

value

in

equation

this

relationship

if

to

and

park

reinitiate

licensed

its

assets

no

with

back maintenance

abandon

make

Haworth

to

ability

new

acquire

licenses

neutral

dollar

in

ways

if

those investments

must have

to

willing

value

continue

must have the

is

of the

reflective

are not

obligations

technology

must change

must be able

penalties

OR

maintenance

current

receives

value

better

additional

in

has provided

its

is

it

with Oracle

schedules

deployment

before

agreements

go-forward

investments

licensing

for

Order Management

and

Manufacturing

Haworth

new

Haworth
for

is

detailed

not compelled

and none

like

it

Haworth

feels

like

Oracle

Haworth

has expressed

professional

Haworth

new modules and

invest under

to

price holds

current

Technology
or none

the

of

above

If

Haworth

in

way

in

cannot

that

actions

are

of

not supportive

deep concerns

evaluated

solutions that

makes

abandoned

has been

its

words

Tar support Oracle

regarding

services etc

has thoroughly

alternative

LI

continue

to
for

must improve the relationship with Oracle

feels

Haworth

for

plans

matter

Haworth

LI

deployment

required

Applications

Haworth

may

has provided

functionality

Oracle

from

both

reconcile

fully

enables

it

ongoing investments

of

an application
four remaining

its

and technology
outstanding

optimize these

to

market and has very viable

the competitive

greatly reduce the amount

will

investments

with

perspective

issues

or without

it

act

will

Oracles

assistance
Oracle has been working on an answer for the last three weeks and has
missed every deadline that Haworth has set forth in order to keep its business
on schedule

LI

Lii

Haworth

has had executive

review

global standards

further

at

realize

that this
in plain

commitment

Ann

Highly

to

is

leadership

has

real

worded

Should Oracle wish

our success

please

feel

but
to

it

is

work

strategic

sessions

planning

and viable alternatives

it

rather strongly

view

IT

now where
needs to make
makes those investments
and

point

how Haworth

forward

and

and now

my

those

decisions

whom

with

nature

to

for

to

Haworth

is

that will affect
the

next

bring such

10 years

an agenda

with us and demonstrate

free to contact

me

immediately

Harten

Confidential

Information

Attorneys

Eyes Only

0RCL00272836

VP

Global

Information

Systems

Inc
Haworth
616-393-3369

www.haworth.com

Highly

Confidential

Information

Attorneys

Eyes Only

0RCL00272837