OEM PURCHASE AGREEMENT EIGHTH AMENDMENT
Exhibit 10.103
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EIGHTH AMENDMENT
This EIGHTH Amendment (“Amendment”) effective as of the date of the last signature hereto (the
“Effective Date”) amends the OEM Purchase Agreement dated December 16, 2002 (“Agreement”) by and
between Hewlett-Packard Company a Delaware Corporation having a place of Business located at 00000
XX 000 Xxxxxxx, Xxxxx 00000, (“HP”) and Brocade Communications Systems, Inc., a Delaware
corporation having its principal place of business located at 0000 Xxxxxxxxxx Xxxxx, Xxx Xxxx,
Xxxxxxxxxx 00000 (“Brocade”).
1. | Definitions. Terms used in this Eighth Amendment that are not defined herein shall have the meaning given thereto in the Agreement. | |
2. | Confirmation and Ratification. Except as expressly amended herein all unmodified and remaining terms and conditions of the Agreement shall remain in full force and effect. All capitalized terms not defined in this EIGHTH Amendment shall have the meaning set forth in the Agreement. In the event a conflict between the Agreement and this EIGHTH Amendment, the terms of this EIGHTH Amendment shall govern. | |
3. | Amendments. HP and Supplier hereby agree that the Agreement is hereby amended as follows: | |
Add the following language to section 13 Marketing and Licensing: |
[**] | 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. |
HP / Brocade CONFIDENTIAL
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The parties have caused this Amendment to be executed by their duly authorized representatives as
indicated below.
AGREED: | ||||||||||||||
BROCADE COMMUNICATIONS | HEWLETT-PACKARD COMPANY | |||||||||||||
SYSTEMS INC. (“SUPPLIER”) | (“HP”) | |||||||||||||
By:
|
/s/ Xxx Xxxxxxx | By: | /s/ Xxxxx X. Xxxxxx | |||||||||||
Name: | Xxx Xxxxxxx | Name: | Xxxxx X. Xxxxxx | |||||||||||
Title: | Title: | |||||||||||||
AGREED: | ||||||||||||||
BROCADE COMMUNICATIONS | ||||||||||||||
SWITZERLAND, SARL. (“SUPPLIER”) | ||||||||||||||
By:
|
/s/ Xxxxx XxXxxxx | |||||||||||||
Name: | Xxxxx XxXxxxx | |||||||||||||
Title: | ||||||||||||||
[**] | 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. |
HP / Brocade CONFIDENTIAL
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