Exhibit 10.3
3039 E CORNWALLIS RD
RESEARCH TRIANGLE PARK NC 27709-2195
May 14, 2010
Mr. Mike Harrison
Brocade Communications Systems, Inc.
1745 Technology Drive
San Jose, CA 95110
Subject: Amendment 5 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
This letter (the “Amendment”) serves as Amendment Number 5 to SOW#8, including all amendments thereto (“SOW#8”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows
1. Attachment A and Attachment A-1, SOW#8 are hereby deleted in their entirety and replaced with Attachment A and Attachment A-1 attached hereto.
2. The effective date of this Amendment shall be the date on the top of this Amendment (the “Effective Date”).
The parties acknowledge that they have read this Amendment, understand it, and agree to be bound by its terms and conditions. All capitalized terms not defined herein shall have the meaning set forth in the Goods Agreement or the SOW #8. All other terms and conditions of the Goods Agreement and SOW#8 that are unaffected by the revisions set forth in this Amendment shall remain in full force and effect. Further, the parties agree that this Amendment and the Goods Agreement and SOW#8 are the complete and exclusive statement of the agreement between the parties, superseding all proposals or other prior agreement, oral or written, and all other communications between the parties relating to this subject.
Accepted and Agreed To: | Accepted and Agreed To: | |||||||
International Business Machines Corporation | Brocade Communications Systems, Inc. | |||||||
By: | /s/ Michelle B. Wright 5/17/10 | By: | /s/ Charles Leeming 5/18/10 | |||||
Authorized Signature Date | Authorized Signature Date | |||||||
Michelle B. Wright | Charles Leeming | |||||||
Type or Print Name | Type or Print Name | |||||||
Accepted and Agreed To: | ||||||||
Brocade Communications Switzerland, SarL | ||||||||
By: | /s/ Ulrich Plechschmidt 17-May-2010 | |||||||
Authorized Signature Date | ||||||||
Ulrich Plechschmidt | ||||||||
Type or Print Name | ||||||||
Vice President EMEA |
Brocade Confidential
Attachment A and Attachment A-1, Pricing.
[**]
[**] Pages 2 - 33 (Attachment A) and pages 34 - 48 (Attachment A-1) have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Brocade Confidential