Amendment No. 9 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
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Summary
This amendment is between IBM and Brocade Communications Systems, Inc. It updates the pricing table in Section 2.1 of Statement of Work #1 under their existing Goods Agreement (ROC-P-68). The amendment replaces the previous pricing table with a new list of products, descriptions, and unit prices for various hardware and software items. All other terms of the original agreement remain unchanged. The amendment is effective as of January 1, 2003.
EX-10.37 7 f88230exv10w37.txt EXHIBIT 10.37 Exhibit 10.37 [IBM LOGO] 5600 Cottle Road San Jose, CA 95193 0001 January 1, 2003 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Mr. Michael Harrison Subject: Amendment 9 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Michael: This letter (the "Amendment") serves as Amendment Number 9 to SOW#1, including all amendments thereto ("SOW#1") of the Goods Agreement ROC-P-68, including all amendments thereto (the "Goods Agreement") which the parties hereto do mutually agree to amend as follows: 1. Delete pricing table in its entirety in Section 2.1, "Pricing" and replace with the following:
* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
* Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
All prices are in U.S. dollars. 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. 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 #1. All other terms and conditions of the Goods Agreement and SOW#1 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#1 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 BROCADE COMMUNICATIONS SYSTEMS, INC. CORPORATION 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 Commission. Confidential treatment has been requested with respect to the omitted portions.
