CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION Aruba / Avnet Logistics U.S., LP Distributor Agreement Amendment 1
Exhibit 10.4
CONFIDENTIAL TREATMENT REQUESTED
CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN
SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN
SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
Aruba / Avnet Logistics U.S., LP Distributor Agreement
Amendment 1
This Amendment 1 is made and entered into as of February 29, 2009 by and between Avnet
Logistics U.S., LP. (“Avnet”) and Aruba Networks, Inc. (“Aruba”), and amends the Distributor
Agreement, between Avnet and Aruba, dated June 15, 2007 (the “Agreement”). Capitalized terms used
herein and not otherwise defined herein shall have the meaning ascribed to such terms in the
Agreement.
RECITALS
A. Aruba and Avnet desire to amend the Agreement to provide limited price protection in
the event Aruba increases prices prior to processing orders submitted by Avnet.
B. In accordance with Section 14.11 of the Agreement, any term of the Agreement may be amended
only with the written consent of both parties.
The parties hereby agree as follows:
1. | The following text is added to the end of Section 3.1: |
“For [***] ([***]) years from the date of this Amendment, in the event Supplier increases the price of a
Product, Supplier agrees to honor the previous price for all Avnet orders quoted or orders received
and accepted by Supplier for Dell Products, L.P. for ninety (90) days from the later of the date of
the price increase or the date on which an order from Dell Products, L.P. has been registered.”
2. | This Amendment may be executed in counterparts, each of which shall be deemed to be an
original, but all of which shall constitute one and the same agreement. |
3. | Except as provided herein, all other terms and conditions of the Agreement shall remain in
full force and effect. |
IN WITNESS WHEREOF, Aruba and Avnet have each caused this Amendment to be executed by its duly
authorized representative, as of the day and year first above written.
AVNET LOGISTICS U.S., LP. | ARUBA NETWORKS, INC. | |||||
By:
|
/s/ Xxxxx Xxxxxxxx | By: | /s/ Xxxxx Xxxx | |||
Print Name:
|
Xxxxx Xxxxxxxx | Print Name: | Xxxxx Xxxx | |||
Title:
|
CFO | Title: | General Counsel | |||
Date:
|
2/19/09 | Date: | 2/13/09 |
*** 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.