0000950134-08-015646 Sample Contracts

DEVELOPMENT SERVICES AGREEMENT @First BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware corporation, as Owner and MFP/HUNTER@FIRST DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, as Development Manager May 22, 2008
Development Services Agreement • August 22nd, 2008 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • California

THIS DEVELOPMENT SERVICES AGREEMENT (this “Agreement”) is entered into as of May 22, 2008, by and between BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware corporation (the “Owner”), and MFP/HUNTER@FIRST DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company (the “Development Manager”).

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PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
Final Agreement • August 22nd, 2008 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • California

THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (“Agreement”) is dated as of this 24th day of April, 2008, for reference purposes only, and is made by and between MFP/HUNTER@FIRST OFFICE PARTNERS, LLC, a Delaware limited liability company (“Seller”), and BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware corporation (“Buyer”). This Agreement shall be effective on the “Effective Date,” which is the date on which the last person signing this Agreement shall have signed this Agreement.

OEM PURCHASE AGREEMENT ELEVENTH AMENDMENT
Eleventh Amendment • August 22nd, 2008 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Eleventh Amendment (the “Eleventh Amendment”) effective as of the signature date , (the “Effective Date”) amends the OEM Purchase Agreement (the “Agreement”) dated December 16, 2002, by and between HEWLETT-PACKARD COMPANY, a Delaware corporation having its principal place of business at 3000 Hanover Street, Palo Alto, California 94304 (“HP”) and BROCADE COMMUNICATIONS SYSTEMS, INC. a Delaware corporation having its principal place of business at 1745 Technology Drive, San Jose, California 95110, and BROCADE COMMUNICATIONS SYSTEMS SWITZERLAND SARL., a corporation organized under the laws of Geneva, and having its principal place of business at 29 Route de l’Aeroport Case Postale 105, CH-1215 Geneva 15, Switzerland (collectively “Supplier”).

April 21, 2008 Mr. Michael Harrison Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Subject: Amendment 33 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • August 22nd, 2008 • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 33 to SOW#1, including all amendments thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows

February 29, 2008 Mr. Michael Harrison Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Subject: Amendment 2 to SOW #6 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • August 22nd, 2008 • Computer peripheral equipment, nec

This letter (the “Amendment) serves as Amendment Number 2 to SOW #6, of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows:

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