Amendment No. 1 to SOW#4900SJ0003 of the IBM/Brocade Goods Agreement ROC-P-68

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment, dated May 16, 2001, is between Brocade Communications Systems, Inc. and International Business Machines Corporation (IBM). It modifies the existing Statement of Work (SOW#4900SJ0003) under their Goods Agreement (ROC-P-68) by adding new items and pricing to the agreement's pricing table. Both parties agree to the updated terms, which supersede any prior related agreements or communications. The amendment becomes effective upon signature by authorized representatives of both companies.

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EX-10.4 5 f82034exv10w4.txt EXHIBIT 10.4 Exhibit 10.4 May 16, 2001 Brocade Communications Systems, Inc. 1901 Guadalupe Parkway San Jose, CA 95131 Attention: Mr. Patrick Johnston Subject: Amendment 1 to SOW#4900SJ0003 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Patrick: This letter serves as Amendment Number 1 to SOW#4900SJ0003 of the Goods Agreement ROC-P-68 which the parties thereto do mutually agree to amend as follows: 1. Section 2.1, Pricing, add the following to the pricing table.
- --------------------------------------------------------------------------------------------------- IBM P/N BROCADE P/N DESCRIPTION UNIT PRICE - --------------------------------------------------------------------------------------------------- [*] [*] Fabric Switch SW2040 [*] - --------------------------------------------------------------------------------------------------- [*] [*] Fabric Watch License [*] - ---------------------------------------------------------------------------------------------------
The parties acknowledge that they have read this Amendment, understand it, and agree to be bound by its terms and conditions. Further, they agree that this Amendment and the subject Agreement 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. Please have your authorized representative indicate acceptance thereof by signing both copies of the Amendment and returning one copy to the attention of Karen Takahashi at 5600 Cottle Road, San Jose, California 95193. ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: INTERNATIONAL BUSINESS MACHINES CORPORATION BROCADE COMMUNICATIONS SYSTEMS, INC. By: By: ---------------------------------------- -------------------------------- Authorized Signature Date Authorized Signature Date - ------------------------------------------- ----------------------------------- Type or Print Name Type or Print Name - ------------------------------------------- ----------------------------------- Title & Organization Title & Organization
* Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions.