November 1, 2007 Mr. Malcolm McDonald 3039 Cornwallis Road Building 060/ D-126 RTP, NC 27709 Subject: Amendment 1 to SOW #6 to Goods Agreement #ROC-P-68 Dear Malcolm:
Exhibit 10.1
November 1, 2007
Mr. Xxxxxxx XxXxxxxx
0000 Xxxxxxxxxx Xxxx
Xxxxxxxx 000/ X-000
XXX, XX 00000
0000 Xxxxxxxxxx Xxxx
Xxxxxxxx 000/ X-000
XXX, XX 00000
Subject: Amendment 1 to SOW #6 to Goods Agreement #ROC-P-68
Dear Xxxxxxx:
This letter (the “Amendment”) serves as Amendment Number 1 to SOW #6 of the Goods Agreement
#ROC-P-68, including all amendments thereto (the “Goods Agreement”).
Section 3.0, b, i.) Termination is amended as follows: The parties hereto do mutually agree to
extend this SOW #6 through [**].
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 and SOW#6 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#6 are the complete and exclusive statement of the agreement between
the parties, superseding all proposals or other prior agreements, oral or written, and all other
communications between the parties relating to the subject.
Accepted and Agreed To: | Accepted and Agreed To: | |||||||
Interna
|
tional Business Machines Corporation | Brocade | Communication Systems, Inc. | |||||
By:
|
By: | |||||||
Type or Print Name | Type or Print Name | |||||||
Title & Organization | Title & Organization |
[**] | Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |