PART I - FINANCIAL INFORMATION

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:
IBM P/N / NUMA-Q P/N BROCADE P/N DESCRIPTION UNIT PRICE - ---------------- ----------- ----------- ---------- [*] [*] 8-Port Fibre Channel [*] Switch Single Power Supply (SW2400) Includes SES, Web tools, Zoning and Fabric Watch - whole unit switch Product [*] [*] 16 Port Fibre [*] Channel Switch Single Power Supply (SW2800) Includes SES, Web tools, Zoning and Fabric Watch - whole unit switch Product [*] [*] Silkworm 2000 Power [*] Supply [*] [*] Mainboard, SW 2400 [*] (8-port) [*] [*] Fan Tray, SW 2400 [*] (8-port) [*] [*] Chassis, SW 2400 [*] (8-port) [*] [*] Mainboard, SW 2800 [*] (16-port) [*] [*] Fan Tray, SW 2800 [*] (16-port)
- ---------------------- * 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 [*] [*] Chassis, SW 2800 [*] (16-port) with operator panel / LCD [*] [*] Quick Loop License [*] [*] [*] Fabric Watch License [*] [*] [*] Extended Fabrics [*] [*] [*] Extended Fabrics [*] [*] [*] Remote Switch [*] [*] [*] Remote Switch [*] [*] [*] 8 Port Fibre Channel [*] Switch Single Power Supply (SW3200) * The then current unit price of Includes Web Tools part number [*] will be [*] as referenced below, if the purchases made by Buyer [*]. NOTE 1: [*] NOTE 2: [*] [*] [*] Full Fabric Upgrade [*] Includes Zoning and Fabric Watch *If Buyer purchases [*] the unit price effective [*]. Note 1: [*]. If Buyer purchases [*]. Note 2: The price will be [*]. [*] [*] 16 Port Fibre [*] Channel Switch Single Power Supply (SW3800) Includes Web tools, Zoning and Fabric Watch - whole unit switch Product [*] [*] Fan (SW3800) [*] [*] [*] Power Supply (SW3800) [*] [*] [*] Mainboard FRU (SW3800) [*] [*] [*] 32 Port Fibre Channel [*] Switch Double Power Supply (SW3900) Includes, Webtools, Zoning, Fabric Watch, Trunking, and Performance Monitor - whole unit switch Product [*] [*] Fan (SW3900) [*] [*] [*] Power Supply (SW3900) [*]
- ---------------------- * 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 [*] [*] Mainboard FRU (SW3900) [*] [*] [*] LUN Zoning [*] [*] [*] LUN Zoning [*] [*] [*] LUN Zoning [*] [*] [*] Secure Fabric OS [*] (SW3200) [*] [*] Secure Fabric OS [*] (SW3800) [*] [*] 1Gb Secure Fabric OS [*] [*] [*] Secure Fabric OS [*] (SW3900) [*] [*] Secure Fabric OS [*] (SW12000) [*] [*] Performance Bundle [*] (Trunking and Performance Monitoring) [*] [*] Performance Bundle [*] (Trunking and Performance Monitoring) [*] [*] 32 Port Fibre [*] Channel Core Switch (SW12000) Includes 2 Stiletto Port Blades, 2 CP Blades, 4 Power Supplies, 3 Blowers, 6 Port Blade Filler Panels, 1 Cable Management Pillar, Fabric OS, Advanced Web Tools, Advanced Zoning, Fabric Watch, Performance Monitoring, Trunking. [*] [*] Rack Mounting Kit [*] 14U, FRU [*] [*] Switch Blade 16 port, [*] 2GB [*] [*] Switch Blade 16 port, [*] 2Gb, FRU [*] [*] Chassis Door, [*] Includes Plastic and Metal door Components and IBM Front Badge [*] [*] Control Processor [*] Blade [*] [*] Stiletto Port Blade [*] Slot Filler Panel, SW12000, FRU
- ---------------------- * 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 [*] [*] Power Supply , [*] 180-264VAC, 1000W, FRU [*] [*] Blower Assembly, FRU [*] [*] [*] Cable Management [*] Pillar, FRU [*] [*] WWN Card [*] [*] [*] Power Plug, Switch and [*] Distribution Panel [*] [*] Chassis FRU, [*] includes backplane, blower and power supply backplane, AC and blower harness. [*] [*] Rear WWN Bezel Assy [*] [*] [*] Cable Management Tray [*] [*] [*] AC Power Cord, FRU [*] [*] [*] AC Power Cord, [*] UK/Ireland, 250V, FRU [*] [*] AC Power Cord, Cont. [*] Europe CEE7/7, FRU [*] [*] AC Power Cord, [*] AUST/INZ, 250V [*] [*] AC Power Cord, Intl IEC [*] [*] [*] Remote Switch software [*] [*] [*] Extended Fabric software [*] [*] [*] Fabric Manager 3.x [*] [*] [*] Fabric Manager [*] 4.0-Enterprise (Unlimited copies per one server/PC) [*] [*] Fabric Manager 4.0 - 3.0 [*] to 4.0 Upgrade to Enterprise (Unlimited copies per one server/PC)
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:
POST WARRANTY REPAIR IBM P/N BROCADE P/N DESCRIPTION PRICING - ------- ----------- ----------- -------------------- [*] [*] Mainboard, SW 2400, 8 [*] port [*] [*] Mainboard, SW 2800, [*] 16 port [*] [*] Switch Blade 16port, [*] 2Gb [*] [*] CP Blade [*] [*] [*] Power Supply [*] [*] [*] Fan [*] [*] [*] Power Supply [*] [*] [*] Mainboard [*] [*] [*] Fan [*] [*] [*] Power Supply [*] [*] [*] Mainboard [*] [*] [*] 8 port Switch [*]
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