Oracle Corporation et al v. SAP AG et al

Filing 1206

Declaration of Nargues Motamed in Support of 1202 Statement Joint Statement in Support of Evidentiary Issues filed byOracle International Corporation. (Attachments: # 1 Exhibit A-0059, # 2 Exhibit A-6329-1, # 3 Exhibit A-0367, # 4 Exhibit A-5042, # 5 Exhibit A-5997, # 6 Exhibit A-6042-1, # 7 Exhibit A-6205-1, # 8 Exhibit A-5193, # 9 Exhibit A-5995, # 10 Exhibit A-5058, # 11 Exhibit A-5002-1, # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Exhibit D, # 16 Exhibit E, # 17 Exhibit F, # 18 Exhibit G, # 19 Exhibit H, # 20 Exhibit I, # 21 Exhibit J, # 22 Exhibit K, # 23 Exhibit L, # 24 Exhibit M, # 25 Exhibit N, # 26 Exhibit PTX 0008, # 27 Exhibit PTX 0014, # 28 Exhibit PTX 0161, # 29 Exhibit O, # 30 Exhibit P, # 31 Exhibit Q, # 32 Exhibit R, # 33 Exhibit PTX 4809, # 34 Exhibit PTX 4819, # 35 Exhibit PTX 0012, # 36 Exhibit PTX 0024, # 37 Exhibit PTX 0960, # 38 Exhibit PTX 7028, # 39 Exhibit S, # 40 Exhibit T, # 41 Exhibit U, # 42 Exhibit V, # 43 Exhibit W, # 44 Exhibit PTX 8040, # 45 Exhibit PTX 2582, # 46 Exhibit X, # 47 Exhibit Y, # 48 Exhibit PTX 8112, # 49 Exhibit PTX 8111, # 50 Exhibit PTX 8108)(Related document(s) 1202 ) (Howard, Geoffrey) (Filed on 8/2/2012)

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From: To: Sent: Subject: <Kathleen Lindsey> <OSSINFO_US_APPRI Jim Steder>; <Chris Madsen> Thursday, May 04, 2006 8:30 PM [Fwd: Re: Situation at Haworth] Jeff responded to this iImnediate1y. -------- Original Message -------Subject:Re: Situation at Haworth Date:Thu, 04 May 2006 13:29:15 -0700 From:Jeff Henley ~if.hell1ey@orade.com> Organization:Oracle Corporation To:Craig Tate <craig.tate@.orac1e.com> CC:John Boucher <john,boucher(gioracle.com>, kathleen lindsey <kath1een.lindsev@orade.com>, tom.marth@oracle,com, ISmith,Sean" <SEAN.SMITH@oracle.com>, mike.schIimgen @oracIe.com, chaluvadi.sridhar(qi oracle.corn References:<200605042022.k44KMEuK026062@rgmgwl.lls.orac1e.com> Got it. I agree we should try to salvage this account and not lose it to SAP. If we give them concessions we should probably ask for a multi year contract on support that they can't cancel to show good long term faith that they won't ultimately switch to SAP. Craig Tate wrote: Jeff, Since you have acted in the capacity of Exec Sponsor in the past, I wanted to bring you up to speed quickly on Haworth. Attached you will find an Exec Briefing doc that spells out our history and the current issues. It's a bit lengthy, but it is a complex situation. To net it out: - To date, Haworth has spent over $15m in net license - They have deployed only 320 of the 2800 E-Bus users they are licensed for - In their minds, they have over-spent $lm/yr in Support over the past 5 yrs - They have implemented SAP in Europe (originally acquired thru acquisition) and senior leadership views it as more sucecessful than the Orcl project in North America - broader footprint, less time, less money - They are facing a major directional decision on standardizing on one platform or the other going forward. Asia is the next major rollout - They understand that many of the issues are of their own making, but feel there is enough blame on the part of Orcl that they are looking for us to help them out. 3 failed projects where Orcl played a major part: i2 sold thru Orel, Global Payroll, Portal - They are "asking" (strongly demanding actually) that we "park" the support on the balance of 2400 licenses they have on the shelf for now (up to 3 yrs, with a portion of them re-deployed each yr) and be allowed to bring them back without reinstatement fees/back support. - We understand the revrec implications of this request but this goes beyond our accounting - there is a legitimate chance we could lose this account to SAP (who is pursuing them heavily with a very aggressive deal and offer to make a furniture buy). This would be a well-publicized loss and something we should work to prevent at all cost. Again, the attached Exec Summary has more detail. I have tried twice to Highly Confidential Information - Attorneys' Eyes Only ORCL00272885 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 4:07-cv-01658 PlliIEDL DEFENDANT Exhibit No. A-5997 Date Admitted: _ By: _ Nicole Heuennan, Deputy Clerk Page 2 of 2 escalate and get approval from HQAPP/OSSINFO. Many in the support org mgmt chain are also in agreement that this is a legitimate threat and the right thing to do. Jeff - the reason I am giving you the heads-up is due to the likelihood you could be receiving a call shortly from Haworth's CEO. I know he has called you in the past when they were in a jam. We are working on yet another approval and to try to gain a compromise position with Haworth but I am concerned it won't be enough. Please let me know if Haworth reaches out to you and/or you would like to set up a briefing con call to discuss further. Thanks, Craig Craig M. Tate Group Vice President North Central Applications Oracle USA, Inc. 312 Elm Street Suite 1525 Cincinnati,OH 45202 Phone: 513-629-2229 Mobile: 513-703-4529 Fax: 513-651-4463 Email: CGlig.T<ltt:(if'Qr<l~1~.(;()l11 Highly Confidential Information - Attorneys' Eyes Only ORCL00272886

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