Tolling Agreement between Gregory L. Reyes and Brocade Communications Systems, Inc. and Its Directors (2006)

Contract Categories: Business Finance › Waiver Agreements
Summary

Gregory L. Reyes and Brocade Communications Systems, Inc., along with its directors, have agreed to pause the running of any legal time limits for claims they may have against each other. This agreement delays the start or continuation of any lawsuits between the parties from January 1, 2006, until either January 1, 2008, or 45 days after written notice to end the agreement is given. The purpose is to allow more time before any legal action must be taken, without losing legal rights due to time limits.

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EX-10.2 3 f18060exv10w2.htm EXHIBIT 10.2 exv10w2  

Exhibit 10.2
TOLLING AGREEMENT
     This Agreement is entered into as of January 1, 2006 between Gregory L. Reyes (“Reyes”), on the one hand, and Brocade Communications Systems, Inc., David House, William Krause, Nicholas Moore, William O’Brien, Christopher Paisley, Larry Sonsini, Seth Neiman, Neal Dempsey and Sanjay Vaswani (collectively referred to as “Brocade and its Directors”), on the other, who agree as follows:
     As consideration for deferring litigation until a later date, the parties agree that all periods of limitation (statutory or otherwise) affecting any claims or causes of action which Reyes may have against Brocade and its Directors or any of them, or which Brocade and its Directors or any of them may have against Reyes, shall be tolled from January 1, 2006 until the earlier of (1) January 1, 2008, or (2) forty-five (45) days from the date of service upon the attorneys for the parties hereto of a written notice terminating this agreement.
Dated: January 23, 2006
         
  SNYDER MILLER & ORTON, LLP
 		  
  By:   /s/ Luther Orton    
    Luther Orton
 		  
    Attorneys for Gregory L. Reyes   
 
Dated: January 23, 2006
         
  WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
 		  
  By:   /s/ Nina F. Locker    
    Nina F. Locker   
       
 
Attorneys for Brocade Communications Systems, Inc., David House, William Krause, Nicholas Moore, William O’Brien, Christopher Paisley, Larry Sonsini, Seth Neiman, Neal Dempsey and Sanjay Vaswani