October 1, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 3 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
Exhibit 10.156
0000 X XXXXXXXXXX XX
XXXXXXXX XXXXXXXX XXXX XX 00000-0000
October 1, 2009
Mr. Xxxx Xxxxxxxx
Brocade Communications Systems, Inc.
0000 Xxxxxxxxxx Xxxxx
Xxx Xxxx, XX 00000
Subject: Amendment 3 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
This letter (the “Amendment”) serves as Amendment Number 3 to SOW#8, including all amendments thereto (“SOW#8”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows
1. Delete Attachment A, Pricing in its entirety and replace with the attached Attachment A, Pricing.
2. The effective date of this Amendment shall be the date on the top of this Amendment (the “Effective Date”).
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 or the SOW #8. All other terms and conditions of the Goods Agreement and SOW#8 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#8 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: | /s/ Xxxxxxxx X. Xxxxxx |
10/2/09 |
By: | /s/ Xxxx Xxxxxx |
10/2/09 | |||||
Authorized Signature | Date | Authorized Signature | Date | |||||||
Xxxxxxxx X. Xxxxxx |
Xxxx Xxxxxx |
|||||||||
Type or Print Name | Type or Print Name | |||||||||
GCM – Storage OEM Procurement |
Sr. Dir., OEM Services |
|||||||||
Title & Organization | Title & Organization |
Address: | Address: | 0000 Xxxxxxxxxx Xxxxx | ||||
Xxx Xxxx, XX 00000 |
IBM Brocade/Confidential
Accepted and Agreed To: | ||||
Brocade Communications Switzerland, SarL | ||||
By: | /s/ U. Plechschmidt |
02-October-2009 | ||
Authorized Signature | Date | |||
Ulrich Plechschmidt |
||||
Type or Print Name | ||||
Vice President EMEA |
||||
Title & Organization |
IBM Brocade/Confidential
ATTACHMENT A
[**] Pages 3-38 have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
IBM Brocade/Confidential