Amendment No. 10 to SOW#1 of IBM/Brocade Goods Agreement ROC-P-68
Contract Categories:
Business Finance
›
Modification Agreements
Summary
This amendment, effective April 1, 2003, is between IBM and Brocade Communications Systems, Inc. It updates the pricing tables for various hardware and software products and post-warranty repair services under their existing Goods Agreement. The amendment also revises the contact information for key technical and business coordinators from both companies. All other terms of the original agreement remain unchanged. Both parties must sign to accept the amendment.
EX-10.55 3 f97059orexv10w55.txt EXHIBIT 10.55 EXHIBIT 10.55 [IBM LOGO] 5600 Cottle Road San Jose, CA 95193 0001 April 1, 2003 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Mr. Michael Harrison Subject: Amendment 10 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Michael: This letter (the "Amendment") serves as Amendment Number 10 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. Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 1
- ---------------------- * 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. Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 2
- ---------------------- * 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. Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 3
All prices are in [*]. - ------------------- * 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. Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 4 2. Section 9.3, "Post Warranty Services," "Pricing" delete table in its entirety and replace with the following:
3. Delete the table in Section 10.0, "Communications Coordinators" and in Attachment A, delete the paragraphs entitled "Key IBM Contacts" and "Brocade Contacts" in their entirety. Replace in both Section 10.0 and the foregoing paragraphs in Attachment A with the following: KEY IBM CONTACTS Technical Coordinator Karen Ward Program Manager Phone: (408) 256-8185 Fax: (408) 256-6843 Email: ***@*** Business Coordinator Karen Takahashi Procurement Commodity Manager Phone: (408) 256-0111 Fax: (408) 256-0443 Email: ***@*** KEY BROCADE CONTACTS Technical Coordinator Jim Baldyga Sr. Systems Engineer Phone: (408) 487-8005 Fax: (408) 603 ###-###-#### Email: ***@*** - -------------------- * 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. Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 5 Business Coordinator Michael Harrison Corporate Sales Director Phone: (303) 746-0780 ***@*** 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: /s/ Karen Takahashi 4/28/03 By: /s/ Jack Cuthbert 4/21/03 ----------------------------- -------------------------------- Authorized Signature Date Authorized Signature Date Karen Takahashi Jack Cuthbert - ---------------------------------- ------------------------------------- Type or Print Name Type or Print Name Procurement Commodity Mgr. V.P. Worldwide Sales - ---------------------------------- ------------------------------------- Title & Organization Title & Organization Amendment #10 to SOW #1 of IBM/Brocade Agreement ROC-P-68 April 1, 2003 CONFIDENTIAL INFORMATION 6
