Amendment No. 17 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment is between International Business Machines Corporation (IBM) and Brocade Communications Systems, Inc. It updates the pricing table in Statement of Work #1 (SOW#1) of their existing Goods Agreement (ROC-P-68), replacing previous pricing terms with a new list of products and prices for various hardware and software items. Both parties have agreed to these changes, which are effective as of July 2004. The amendment is signed by authorized representatives of both companies.

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EX-10.75 5 f01725exv10w75.txt EXHIBIT 10.75 EXHIBIT 10.75 [IBM LOGO] 3039 Cornwallis Road RTP, NC 27709 July 8, 2004 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Mr. Michael Harrison Subject: Amendment 17 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Michael: This letter (the "Amendment") serves as Amendment Number 17 to SOW#1, including all amendments thereto ("SOW#1") of the Goods Agreement ROC-P-68, which the parties hereto do mutually agree to amend as follows: 1. Delete pricing table in Section 2.1, "Pricing," in its entirety and replace with the following:
IBM P/N / NUMA-Q P/N BROCADE P/N DESCRIPTION UNIT PRICE - ---------------- ----------- ---------------------------- ----------- [*] [*] 8-Port Fibre Channel Switch [*] Single Power Supply (SW2400) Includes [*]- whole unit switch Product [*] [*] 16 Port Fibre Channel [*] Switch Single Power Supply (SW2800) Includes [*]- whole unit switch Product [*] [*] Silkworm 2000 Power Supply [*] [*] [*] Mainboard, SW 2400 (8-port) [*] [*] [*] Fan Tray, SW 2400 (8-port) [*] [*] [*] Chassis, SW 2400 (8-port) [*] [*] [*] Mainboard, SW 2800 [*] (16-port) [*] [*] Fan Tray, SW 2800 (16-port) [*] [*] [*] Chassis, SW 2800 (16-port) [*] with operator panel / LCD [*] [*] Quick Loop License [*] [*] [*] Fabric Watch License [*] [*] [*] Extended Fabrics [*] [*] [*] Extended Fabrics [*]
"------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 1 [*] [*] Remote Switch [*] [*] [*] Remote Switch [*] [*] [*] 8 Port Fibre Channel Switch [*] Single Power Supply (SW3200) Includes [*] (to be included prior to 10/28/03 for availability for Buyer customer shipments) [*] [*] 8 Port Fibre Channel Switch [*] Single Power Supply (SW3200) Includes [*] [*] [*] [*] Full Fabric Upgrade [*] Includes [*] [*] [*] 16 Port Fibre Channel [*] Switch Single Power Supply (SW3800) Includes [*]- whole unit switch Product [*] [*] Fan (SW3800) [*] [*] [*] Power Supply (SW3800) [*] [*] [*] Mainboard FRU (SW3800) [*] [*] [*] 32 Port Fibre Channel [*] Switch Double Power Supply (SW3900) Includes, [*]- whole unit switch Product [*] [*] Fan (SW3900) [*] [*] [*] Power Supply (SW3900) [*] [*] [*] Mainboard FRU (SW3900) [*] [*] [*] Secure Fabric OS (SW3200) [*] [*] [*] Secure Fabric OS (SW3800) [*] [*] [*] 1Gb Secure Fabric OS [*] [*] [*] Secure Fabric OS (SW3900) [*] [*] [*] Secure Fabric OS (SW12000) [*] [*] [*] [*] Performance Bundle ([*]) [*] [*] [*] Performance Bundle ([*]) [*] [*] [*] 32 Port Fibre Channel Core [*] Switch (SW12000) [*]. [*]
"------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 2 [*] [*] Rack Mounting Kit 14U, FRU [*] [*] [*] Switch Blade 16 port, 2GB [*] [*] [*] Switch Blade 16 port, [*] 2Gb, FRU [*] [*] Chassis Door, Includes [*] [*] [*] [*] Control Processor Blade [*] [*] [*] Stiletto Port Blade Slot [*] Filler Panel, SW12000, FRU [*] [*] Power Supply, 180-264VAC, [*] 1000W, FRU [*] [*] Blower Assembly, FRU [*] [*] [*] Cable Management Pillar, FRU [*] [*] [*] WWN Card [*] [*] [*] Power Plug, Switch and [*] Distribution Panel [*] [*] Chassis FRU, includes [*]. [*] [*] [*] Rear WWN Bezel Assy [*] [*] [*] Cable Management Tray [*] [*] [*] AC Power Cord, FRU [*] [*] [*] AC Power Cord, UK/Ireland, [*] 250V, FRU [*] [*] AC Power Cord, Cont. Europe [*] CEE7/7, FRU [*] [*] AC Power Cord, AUST/INZ, [*] 250V [*] [*] AC Power Cord, Intl IEC [*] [*] [*] Remote Switch software [*] [*] [*] Extended Fabric software [*] [*] [*] Fabric Manager 3.x [*] [*] [*] ISL Trunking (SW3200) [*] [*] [*] ISL Trunking (SW3800) [*]
BUYER PART NUMBER SUPPLIER PART NUMBER PRODUCT DESCRIPTION UNIT PRICE OF PRODUCT [*] - ---------- -------------------- ----------------------------------- --------------------- ----------------- [*] [*] Fabric Manager 4.x-Enterprise ([*]) [*] [*] [*] [*] Fabric Manager 4.x - 3.0 to 4.x [*] [*] Upgrade to Enterprise ([*])
"------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 3 [*] [*] Fabric Manager 4.x with 10 Domains [*] [*] [*] [*] Fabric Manager 4.x [*] [*] [*] [*] [*] Secure Fabric OS (SW12000/24000) [*] [*] [*] [*] 32 Port Fibre Channel Director [*] [*] (SW24000)Includes [*] [*] [*] Meteor 16 port, [*] [*] [*] [*] [*] Meteor Upgrade kit. Includes: [*] [*] [*] [*] [*] 8 Port Fibre Channel Two Domain [*] [*] Switch Single Power Supply (SW3250), Includes [*] [*] [*] 8 Port Fibre Channel Two Domain [*] [*] Switch Single Power Supply (SW3250), Includes [*] [*] [*] 16 Port Fibre Channel Four Domain [*] [*] Switch, Two Fixed Power Supplies (SW3850), Includes [*] [*] [*] 16 Port Fibre Channel Four Domain [*] [*] Switch, Two Fixed Power Supplies (SW3850),Includes [*] [*] [*] [*] Secure Fabric OS (SW3850) [*] [*] [*] [*] Secure Fabric OS (SW3250) [*] [*] [*] [*] Meteor FRU Chassis , includes [*], [*] [*] [*] [*] Meteor FRU, Chassis Door. [*] [*] Includes [*] [*] [*] Meteor Switch Blade 16 port, 2Gb, [*] [*] FRU [*] [*] Meteor Control Processor Blade, FRU [*] [*] [*] [*] FRU, Power Supply Filler Panels [*] [*] [*] [*] Extended Fabric [*] [*] [*] [*] Remote Switch [*] [*] [*] [*] Performance Bundle ([*]) [*] [*] [*] [*] Four Domain to Full Fabric Upgrade [*] [*] [*] [*] Extended Fabric [*] [*] [*] [*] Remote Switch [*] [*] [*] [*] Performance Bundle ([*]) [*] [*]
"------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 4 [*] [*] Two Domain to Full Fabric Upgrade [*] [*] includes [*] [*] [*] 8 port Switch FRU [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] 16 port Switch FRU [*] [*] [*] [*] [*] [*] [*] [*]
**For purpose of calculating the fees for [*] as described in Section [*], the [*] for each part number where it is applicable as follows:
IBM PART BROCADE PRODUCT NUMBER PART NUMBER PRODUCT DESCRIPTION [*] - ------ --------------- ---------------------------------------- -------------- [*] [*] 32 Port Fibre Channel Director (SW24000) Includes [*] [*] [*] [*] Meteor Upgrade kit. Includes: [*] [*] [*] [*] 8 Port Fibre Channel Two Domain Switch [*] Single Power Supply (SW3250), Includes [*] [*] [*] 8 Port Fibre Channel Two Domain Switch [*] Single Power Supply (SW3250), Includes [*] [*] [*] 16 Port Fibre Channel Four Domain [*] Switch, Two Fixed Power Supplies (SW3850), Includes [*] [*] [*] 16 Port Fibre Channel Four Domain [*] Switch, Two Fixed Power Supplies (SW3850), Includes [*] [*] [*] Fabric Manager 4.x-Enterprise ([*]) [*] [*] [*] Fabric Manager 4.x - 3.0 to 4.x [*] Upgrade to Enterprise ([*]) [*] [*] Fabric Manager 4.x with 10 Domains [*] [*] [*] Fabric Manager 4.x [*] [*] [*] [*] Secure Fabric OS (SW3850) [*] [*] [*] Secure Fabric OS (SW3250) [*] [*] [*] Secure Fabric OS (SW12000/24000) [*]
"------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 5 OUT OF WARRANTY REPAIR PRICING: [*] [*] ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: INTERNATIONAL BUSINESS BROCADE COMMUNICATIONS MACHINES CORPORATION SYSTEMS, INC. By: /s/ Robert J. Tice 7/15/04 By: /s/ Michael Klayko 7/12/04 ------------------------------------ -------------------------------- Authorized Signature Date Authorized Signature Date Robert J. Tice Michael Klayko - --------------------------------------- ----------------------------------- Type or Print Name Type or Print Name OEM Procurement Team Lead VP, Sales - --------------------------------------- ----------------------------------- Title & Organization Title & Organization "------------------- **CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS." 6