Amendment No. 4 to Purchase Agreement between Brocade Communications and EMC Corporation
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Summary
This amendment updates the existing Purchase Agreement between Brocade Communications Systems, Inc. (including its Swiss subsidiary) and EMC Corporation. The amendment replaces Exhibit A to update product and repair pricing, modifies the supplier's address, and confirms that all other terms remain unchanged. It also clarifies software maintenance fees and renewal terms for certain products. The agreement continues in effect without interruption, and both parties have agreed to these changes as of late 2003.
EX-10.61 8 f97059orexv10w61.txt EXHIBIT 10.61 EXHIBIT 10.61 Amendment No.4 Purchase Agreement This Amendment No. 4 ("the Amendment") to the Purchase Agreement (the "Agreement") dated January 25, 2000 by and among Brocade Communications Systems, Inc., a corporation organized under the laws of the State of Delaware, U.S.A., and having its principal place of business at 1745 Technology Drive, San Jose, California 95110 ("Brocade-US"), and Brocade Communications Switzerland SarL., a corporation organized under the laws of Geneva, and having its principal place of business at 29-31 Route de l'Aeroport, Case Postale 105 CH-1215 Geneva 15, Switzerland ("Brocade-Switzerland"), (collectively "SUPPLIER") and EMC Corporation, ("EMC"), a Massachusetts corporation, is made this 29 day of October 2003 by and between SUPPLIER and EMC and commences on the date accepted and executed by SUPPLIER ("Effective Date"). [*]. WHEREAS, the parties wish to amend the Agreement to [*], replace Exhibit A (Product and Repair Pricing EMC Approved Logistics Partners) to [*]. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE OTHER RESPECTIVE PROMISES OF THE PARTIES SET FORTH HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1) In addition, Exhibit A is replaced in its entirety with the attached Exhibit A to incorporate [*]. 2) Term. Pursuant to Section [*] of the Agreement, the parties agree to [*]. To date, the contract has been in full force without interruption from the original date of signing (January 25, 2000), and furthermore, it is the intent of the parties to [*] 3) Supplier Address. Section 24.10 is hereby modified to replace the Supplier Address with the following: 1745 Technology Drive, San Jose, CA 95110. 4) No Other Changes. All Other terms and conditions of the Agreement shall remain unchanged. 5) Counterparts. This Amendment may be executed in two or more counterparts, all of which, taken together, shall be regarded as one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to OEM Purchase and License Agreement by their duly authorized representatives. Such EMC/BROCADE CONFIDENTIAL Page 1 of 2 execution of the Amendment may be in three counterparts, each of which shall be an original and together which shall constitute one and the same instrument. Executed and agreed to: Executed and agreed to: Brocade Communications Systems, Inc. EMC Corporation ("Supplier") Signature: /s/ Jack Cuthbert Signature: /s/ William Monagle 11/25/03 Name: Jack Cuthbert Name: William Monagle Vice President Title: V.P. OEM Sales Title: Corporate Procurement EMC Corporation Date: 12-01-03 Date: Brocade Communications Switzerland, SarL ("Supplier") Signature: /s/ Ian Whiting Name: Ian Whiting Title: Managing Officer Place: Geneva, Switzerland Date: 5-December-2003 EMC/BROCADE CONFIDENTIAL Page 2 of 2 EMC PRODUCT MATRIX - REVISED 11/24/03 Revisions: Correction to SW12000 door kit pricing and changes/additions to Security pn#s. and the addition of Dell Sport Switch, reduced SW12000 door kit pricing, and added legal verbiage from Amendment 2.
NOTE (1): THE ANNUAL FEE TOR SOFTWARE MAINTENANCE IS $200. THE ABOVE PRICE INCLUDES THE PURCHASE OF SOFTWARE MAINTENANCE FOR AN INITIAL TERM OF ONE YEAR, COMMENCING ON THE DATE OF PURCHASE, AND AN AUTOMATIC RENEWAL FOR A SUBSEQUENT ONE YEAR TERM. FEES FOR SOFTWARE MAINTENANCE DURING THESE PERIODS ARE NON-REFUNDABLE. THEREAFTER, SOFTWARE MAINTENANCE MAY BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS, AT EMC'S DISCRETION, FOR AN ANNUAL FEE OF $200.
NOTE(1): THE ANNUAL FEE FOR SOFTWARE MAINTENANCE IS $400. THE ABOVE PRICE INCLUDES THE PURCHASE OF SOFTWARE MAINTENANCE FOR AN INITIAL TERM OF ONE YEAR, COMMENCING ON THE DATE OF PURCHASE, AND AN AUTOMATIC RENEWAL FOR A SUBSEQUENT ONE YEAR TERM. FEES FOR SOFTWARE MAINTENANCE DURING THESE PERIODS ARE NON-REFUNDABLE. THEREAFTER, SOFTWARE MAINTANANCE MAY BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS, AT EMC'A DISCRETION, FOR AN ANNUAL FEE OF $400.
NOTE: THE ABOVE PRICES INCLUDE THE PURCHASE OF SOFTWARE MAINTENANCE FOR AN INITIAL TERM OF ONE YEAR, COMMENCING ON THE DATE OF PURCHASE, AND AN AUTOMATIC RENEWAL FOR A SUBSEQUENT ONE YEAR TERM. FEES FOR SOFTWARE MAINTENANCE DURING THESE PERIODS ARE NON-REFUNDABLE. THEREAFTER, SOFTWARE MAINTENANCE MAY BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS, AT EMC'S DISCRETION, FOR AN ANNUAL FEE AS FOLLOWS. EM-FMG4-0000-9 $1,200; EM-FMG4-0010-S $900; EM-FMG4-7000-S $675; EM-FMG4-9000-S $900; EM-FMG4-9004-S $750; EM-FMG4-9010-S $450.
