Common use of Exadata Services Charge (ESC Clause in Contracts

Exadata Services Charge (ESC. The Charges shall include an Exadata Services Charge to compensate Service Provider for Oracle Exadata purchases as provided in this provision. This Charge applies to Service Provider purchases of Oracle Exadata for DIR and DIR Customers’ dedicated use. The ESC is a methodology for DIR to obtain Exadata Equipment, Materials, and services to be utilized by Service Provider in the provision of the Services. Service Provider will use commercially reasonable efforts to obtain the lowest possible discounted prices for such Equipment, Materials, and services for the benefit of DIR, including utilization of DIR purchase arrangements in accordance with the Agreement. Notwithstanding anything to the contrary herein, DIR shall have the option to pay upon delivery for such Equipment, Materials, and services on a one time basis at cost with no uplift. All support labor as it relates the Exadata platform will be billed using the appropriate STM Instance Resource and storage GB Resource Units. Migration services to the Exadata platform will be treated as a Project. The parties agree that there will be no instance consolidation during the migration to the Oracle Exadata platform during the first twelve (12) months of the agreement, provided however that Service Provider uses commercially reasonable efforts to provide standard Exadata configurations for Memory, CPU, and Storage that are sufficient to accommodate the various Instance sizes required by the State and do not unnecessarily waste hardware resources. The ESC is inclusive of all Exadata Capital Expenditures, Exadata Maintenance Expenditures, and Exadata Incidental Costs, as such term is defined herein, associated with the Exadata systems that are actually paid by Service Provider. Additionally, beginning at Commencement and ending on June 30, 2013. the ESC will be inclusive of all Exadata Capital Expenditures, Exadata Maintenance Expenditures and Exadata Incidental Costs , as such term is defined herein. For the purposes of this Section, the following terms shall have the following meanings:

Appears in 5 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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