PART I - FINANCIAL INFORMATION

EX-10.53 7 f90751exv10w53.txt EXHIBIT 10.53 Exhibit 10.53 AMENDMENT NO. ONE TO MANUFACTURING AND PURCHASE AGREEMENT BETWEEN BROCADE AND SOLECTRON This Amendment Number One ("Amendment") to the Manufacturing and Purchase Agreement by and between Brocade Communications Systems, Inc. ("Brocade"), and Solectron Corporation ("Solectron"), dated February 21, 2003 ("Agreement") is entered into as of March __, 2003. In consideration of the mutual covenants and promises set forth herein and for other good and valuable consideration, the receipt of which both parties hereby acknowledge, Brocade and Solectron agree as follows: 1. Section 2.7. Section 2.7 is deleted in its entirety. 2. Section 8.4. The first sentence in Section 8.4 is deleted and replaced with the following: Unless otherwise agreed to in the SLA, Solectron will submit invoice(s) periodically to Brocade upon shipment of Product(s) for which the recipient takes delivery inside the United States. (All Products for which the recipient takes delivery outside of the United States shall be governed by the agreement entered into by and between Brocade Communications Switzerland, SarL. and Solectron, dated March __, 2003.) 3. Section 19. Section 19 is deleted in its entirety and replaced with the following: [THIS SECTION INTENTIONALLY LEFT BLANK] 4. Exhibit H. Exhibit H is deleted in its entirety and replaced with the following: [THIS EXHIBIT INTENTIONALLY LEFT BLANK] 5. No Other Changes. Except as specified in this Amendment, the Agreement remains unchanged and in full force and effect. 6. Counterparts. This Amendment may be executed in two or more counterparts, all of which, taken together, shall be regarded as one and the same instrument. BROCADE COMMUNICATIONS SYSTEMS INC. SOLECTRON CORPORATION Signature: ______________________ Signature: ________________________ Name: _______________________ Name: ________________________ Title: _______________________ Title: ________________________ Brocade Confidential