Amendment No. 13 to SOW#1 of IBM/Brocade Goods Agreement ROC-P-68
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This amendment, dated September 29, 2003, is between International Business Machines Corporation (IBM) and Brocade Communications Systems, Inc. It updates the pricing table in Section 2.1 of Statement of Work #1 (SOW#1) under their existing Goods Agreement ROC-P-68. The amendment replaces the previous pricing for various hardware and software products supplied by Brocade to IBM. All other terms of the original agreement remain unchanged. Both parties have agreed to the new terms by signing the amendment, which becomes effective on the stated date.
EX-10.58 5 f97059orexv10w58.txt EXHIBIT 10.58 EXHIBIT 10.58 [IBM LOGO] 5600 Cottle Road San Jose, CA 95193 0001 September 29, 2003 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Mr. Michael Harrison Subject: Amendment 13 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Michael: This letter (the "Amendment") serves as Amendment Number 13 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:
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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, CORPORATION INC. By: /s/ Karen Takahashi 10/6/03 By: /s/ Jack Cuthbert 10/01/03 ----------------------------- -------------------------------- Authorized Signature Date Authorized Signature Date Karen Takahashi Jack Cuthbert - ---------------------------------- ------------------------------------- Type or Print Name Type or Print Name Procurement Commodity Mgr. V.P. OEM Sales - ---------------------------------- ------------------------------------- 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. Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68 September 29, 2003 Confidential Information 5 of 5
