OEM PURCHASE AGREEMENT EIGHTH AMENDMENTOem Purchase Agreement • December 21st, 2007 • Brocade Communications Systems Inc • Computer communications equipment
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 20555 SH 249 Houston, Texas 77070, (“HP”) and Brocade Communications Systems, Inc., a Delaware corporation having its principal place of business located at 1745 Technology Drive, San Jose, California 95110 (“Brocade”).
September 11, 2006Brocade Communications Systems Inc • December 21st, 2007 • Computer communications equipment
Pursuant to the Tolling Agreement, notice is hereby given that David House, William Krause, Nicholas Moore, William O’Brien, Christopher Paisley, Larry Sonsini, Seth Neiman, Neal Dempsey and Sanjay Vaswani (collectively the “Directors”), hereby terminate that agreement solely as to themselves. Brocade, on the other hand, is not terminating the Tolling Agreement. Accordingly, while all periods of limitation (statutory or otherwise) will begin to run again forty-five (45) days from the date of service of this notice upon you as to any claims or causes of action which Reyes may have against the Directors or which any of them may have against Reyes, the statute of limitations remains tolled on any claim which Reyes may have against Brocade or which Brocade may have against Reyes.
OEM PURCHASE AGREEMENT FIFTH AMENDMENTOem Purchase Agreement • December 21st, 2007 • Brocade Communications Systems Inc • Computer communications equipment
This FIFTH Amendment (“Amendment”) is effective as of April 20, 2007 (the “Effective Date”) and 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 3000 Hanover Street, Palo Alto, Ca 94304, and Brocade Communications Systems, Inc., a Delaware corporation having its principal place of business located at 1745 Technology Drive, San Jose, California 95110 (“Brocade”).
