Amendment No. 17 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
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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.
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:
"------------------- **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
"------------------- **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
"------------------- **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
"------------------- **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
**For purpose of calculating the fees for [*] as described in Section [*], the [*] for each part number where it is applicable as follows:
"------------------- **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