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EXHIBIT 10.12
AMENDMENT ONE
TO THE
SOFTWARE LICENSE AND SERVICES AGREEMENT
BETWEEN
RESOURCE PHOENIX
AND
ORACLE CORPORATION
This document ("Amendment One") amends the Software License and Services
Agreement, dated 11/14, 1997, and all amendments and addenda thereto (the
"Agreement"), between Resource Phoenix ("Customer") and Oracle Corporation
("Oracle").
The parties hereby agree to amend the Agreement as follows:
1. In Section 7.5, delete the second sentence of such Section and replace it
with the following:
"Except as set forth in Section 5.1 and except for any damages arising from
death, personal injury or loss of tangible personal property caused by
Oracle's willful misconduct, Oracle's liability for damages hereunder shall
in no event exceed the amount of fees paid by Customer under this
Agreement. The term "tangible personal property" shall not include
software, data, programs, and software processes."
2. In Section 7.9, after the word "Agreement" in the first sentence of such
Section add the words "together with any Order Forms and Attachments and
Amendments hereto."
Other than the addition of the changes above, the terms and conditions of the
Agreement remain unchanged and in full force and effect.
The Effective Date of this Amendment One is November 14, 1997.
RESOURCE PHOENIX ORACLE CORPORATION
By: /s/ XXXXXX XXXX By: /s/ XXXXXX XXXXXXX
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Name: Xxxxxx Xxxx Name: Xxxxxx Xxxxxxx
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Title: Senior Vice President Title: Senior Contract Specialist
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