Amendment No. 1 to Resale Agreement Between McDATA Corporation and IBM

Contract Categories: Business Finance › Modification Agreements
Summary

McDATA Corporation and International Business Machines Corporation (IBM) have agreed to amend their existing Resale Agreement, effective February 22, 2000. This amendment deletes Sections 10.6 (Ship and Uninstall Procedure) and 10.12 (Acceptance of Products) from the original agreement. All other terms of the original agreement remain unchanged. The amendment is effective as of February 22, 2000, and was executed by both parties on June 30, 2000.

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EX-10.12 5 ex10-12.txt AMENDMENT 1 TO RESALE AGREEMENT WITH IBM 1 EXHIBIT 10.12 AMENDMENT NUMBER ONE TO THE RESALE AGREEMENT AGREEMENT NUMBER 90-00-0109-07 EFFECTIVE FEBRUARY 22, 2000 This Amendment Number One (the "Amendment") to the Resale Agreement Number 90-00-0109-07 (the "Agreement") is entered into by MCDATA CORPORATION ("McDATA") and INTERNATIONAL BUSINESS MACHINES CORPORATION ("Reseller") WHEREAS, the parties wish to modify the Agreement; and WHEREAS, the appropriate Sections must be amended accordingly; NOW THEREFORE, the parties agree as follows: SECTION 10.6 SHIP AND UNINSTALL PROCEDURE Effective February 22, 2000, this section is hereby deleted in its entirety. SECTION 10.12 ACCEPTANCE OF PRODUCTS Effective February 22, 2000, this section is hereby deleted in its entirety. Except as otherwise stated herein, the terms and conditions of the Agreement shall be in full force and effect. The parties agree that this Amendment, together with the Agreement, is the complete and exclusive statement of the agreement between the parties and supersedes all proposals or all prior agreements or communications between the parties, whether oral or written, which relate to the subject matter hereof. Executed and submitted for acceptance Accepted and effective as of: by McDATA: February 22, 2000. INTERNATIONAL BUSINESS MACHINES CORPORATION MCDATA CORPORATION - ------------------------------------------- ------------------ ("Reseller") By: /s/ Edwin Dalley By: /s/ Dee J. Perry --------------------------- ------------------ Name: Edwin Dalley Name: Dee J. Perry Title: OEM Relationship Manager Title: CFO and VP Finance /Administration Dated: June 30, 2000 Dated: June 30, 2000