THIRD PARTY FINANCING NOTICE - Oracle



PURCHASE ORDER ASSIGNMENT Customer: FORMTEXT [Customer Name. If Partner is entering into the financing, then enter Partner's name]Lessor: FORMTEXT [Lessor Name] FORMTEXT [Address] FORMTEXT [Lessor Address] FORMTEXT [Address] FORMTEXT [Lessor Address] FORMTEXT [Lessor Address]Order (between Customer and Oracle) FORMTEXT [Enter Order Number and Date]Agreement:All agreement(s) from Oracle that provide the terms of use for the products ordered.Third Party Financing Notice (“Notice”): located at has executed and delivered to Oracle the Order, pursuant to which Customer has agreed to purchase from Oracle the equipment and other related products, software and services described therein (collectively, the "Products"). Customer desires to assign its rights to purchase the Products to Lessor. In order to facilitate Customer’s leasing transaction with Lessor, Oracle hereby consents to the assignment of Customer’s rights, as set forth herein, for the sole purpose of allowing Lessor to lease the Products to Customer.1.Customer hereby assigns, transfers, and conveys to Lessor all of Customer's rights to purchase the Products, subject to the terms in the Agreement, the Notice, and this Assignment. Lessor hereby assumes Customer's rights thereunder and agrees to make payment to Oracle for the purchase price of the Products in accordance with the terms herein. Lessor’s rights in the Products are subject to the terms of the Notice and Agreement (including any export control provisions) and any license relating to those Products. All products will be delivered to Customer.2.Customer remains fully responsible for all obligations to Oracle under the Agreement and this Assignment, and to the extent that Lessor has assumed Customer’s rights, Oracle may also enforce those rights against Lessor. Payment to Oracle will be made in accordance with the terms of the Order and Agreement, and there are no conditions precedent to such payment, including but not limited to the completion and execution of the lease, acceptance certificates, authorization documents, assignment notifications, or other ancillary documents. In addition, Customer hereby unconditionally and irrevocably guaranties to Oracle the full and timely performance of Lessor's payment obligations under this Assignment. In the event Oracle is not paid the purchase price for any Product within the time frame provided in the Order and Agreement, Customer shall pay the purchase price to Oracle, and any rights assigned to Lessor shall automatically be reassigned to Customer without further action from Lessor or Oracle. The terms of this Assignment prevail over any inconsistent terms in the Order, Agreement, purchase order(s) or lease. 3.Customer and Lessor acknowledge that any Oracle warranties (express or implied) relating to the Products are provided exclusively pursuant to the Agreement. Nothing in this Assignment shall be deemed to have expanded, extended, or otherwise modified such warranties, licenses, or obligations of Oracle with respect to the Products or parties. Customer has the right to use the software (including operating system and integrated software) and services, if any, pursuant to the terms of the Agreement, and Lessor only has the limited right to provide the right to use the software to Customer for the purposes of leasing. Such software and services may not be transferred or remarketed to another party for any reason. A new license for such software may be required from Oracle if the Products (including such software) are sold or transferred by Customer or Lessor.4.Customer and Lessor are subject to the Third Party Financing Notice. All references in the Third Party Financing Notice to “Funder” shall mean “Lessor.”Customer: FORMTEXT ?????Lessor: FORMTEXT ?????By________________________By________________________Name:________________________Name: ________________________Title:________________________Title:________________________Date:________________________Date: ________________________Oracle: FORMTEXT ?????By________________________Name:________________________Title:________________________Date:________________________ ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download