Exhibit 10.25
[IBM LOGO]
0000 Xxxxxx Xxxx
Xxx Xxxx, XX 00000 0001
August 6, 2001
Mr. Xxxxxxx Xxxxxxxx
OEM Sales Executive
Brocade Communications Systems, Inc.
0000 Xxxxxxxxx Xxxxxxx
Xxx Xxxx, XX 00000
Subject: Amendment 1 to IBM/Brocade Goods Agreement ROC-P-68
Dear Xxxxxxx:
This letter serves as Amendment Number 1 to Goods Agreement ROC-P-68 (the
"Agreement") which the parties hereto do mutually agree to amend as follows:
1. Modify the first paragraph to read as follows:
"This Agreement dated as of April 15, 1999 ("Effective Date"), between
International Business Machines Corporation ("Buyer"), and Brocade
Communications Systems, Inc., establishes the basis for a multinational
procurement relationship under which Buyer may purchase from Supplier
the Products and Services which are described in SOWs issued under this
Agreement."
2. Section 14.6, Exchange of Information, delete the third sentence in its
entirety and replace with the following:
"Neither party will issue any press releases, public statements, or
publicly disclose the existence of or the terms contained in this
Agreement unless they have received the prior written approval of the
other party. The foregoing shall not prohibit either party from
disclosing such information if required by law or regulation provided
they notify the other party prior to such disclosure in order to provide
the other party with opportunity to seek an appropriate protective
order."
Please have your authorized representative indicate acceptance thereof by
signing both copies of the Amendment and returning one copy to the attention of
Xxxxx Xxxxxxxxx at 0000 Xxxxxx Xxxx, Xxx Xxxx, Xxxxxxxxxx 00000.
The effective date of this Amendment shall be the date on the top of this
Amendment (the "Effective Date"). The terms and conditions of this Agreement, as
amended hereunder, shall apply to all activities performed under the Agreement
after the Effective Date. All activities performed under this Agreement prior to
the Effective Date shall be governed by the terms and conditions of the
then-current Agreement.
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 Agreement. All other terms and
conditions of the Agreement that are
Exhibit 10.25
unaffected by the revisions described in this amendment shall remain in full
force and effect. Further, they agree that this Amendment and the subject
Agreement 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 CORPORATION BROCADE COMMUNICATIONS SYSTEMS, INC.
By: _______________________________________ By: _______________________________________
Authorized Signature Date Authorized Signature Date
___________________________________________ ___________________________________________
Type or Print Name Type or Print Name
___________________________________________ ___________________________________________
Title & Organization Title & Organization
