Amendment No. 19 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
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Summary
This amendment, effective upon signature, updates the existing Statement of Work #1 (SOW#1) under the Goods Agreement ROC-P-68 between International Business Machines Corporation (IBM) and Brocade Communications Systems, Inc. The amendment replaces the product specifications table and updates pricing as detailed in the attached exhibit. All other terms of the original agreement remain unchanged. Both parties agree to be bound by the revised terms, and the amendment supersedes any prior related communications.
EX-10.88 2 f06624exv10w88.txt EXHIBIT 10.88 EXHIBIT 10.88 [IBM LOGO] 3039 Cornwallis Road RTP, NC 27709 January 20, 2005 Mr. Michael Harrison Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Subject: Amendment 19 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 This letter (the "Amendment") serves as Amendment Number 19 to SOW#1, including all amendments thereto ("SOW#1") of the Goods Agreement ROC-P-68 (the "Agreement"), which the parties hereto do mutually agree to amend as follows 1. Delete the table in its entirety in Section 1.1, "Specifications" 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.
2. Update pricing with the attached Exhibit A. The effective date of this Amendment shall be the last signature date indicated below (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.
** 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- EXHIBIT A PRICING
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**For purpose of [**] for the [**] Software Maintenance Support Program as described in Section 9.4, the [**] Software Maintenance Fee [**] for each [**] 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. -7-
OUT OF WARRANTY REPAIR PRICING: [**] [**] [**] [**] [**] [**] [**] [**] ** 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. -8-