0000950134-09-003723 Sample Contracts

November 1, 2008 Mr. Mike Harrison Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Subject: Amendment 36 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
Goods Agreement Roc-P-68 • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 36 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

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THIRD AMENDMENT TO LEASE AGREEMENT
Lease Agreement • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This THIRD AMENDMENT TO LEASE AGREEMENT (“Amendment”), is entered into as of the 14 day of December, 2007, by and between BIXBY TECHNOLOGY CENTER, LLC, a Delaware limited liability company (“Landlord”), as successor-in-interest to WIX/NSJ Real Estate Limited Partnership, a Delaware limited partnership (“Prior Landlord”), and FOUNDRY NETWORKS, INC., a Delaware corporation (“Tenant”), with reference to the facts set forth in the Recitals below.

December 9, 2008 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95119 Subject: Amendment #13 to Statement of Work #4903RL1112 (“SOW”) dated December 15, 2003
Statement of Work Amendment • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Amendment #13 “(Amendment”) to Statement of Work # 4903RL1112 (“SOW”) adopts and incorporates by reference the terms and conditions of Goods Agreement # 4999RO0015 (“Agreement”) by and between Brocade Communications Systems, Inc. (“Brocade”) and International Business Machines Corporation (“IBM”). The parties agree to amend the SOW as follows. All other terms and conditions in the Base Agreement and SOW shall remain in full force and effect.

First Amendment to Lease Agreement Change of Commencement Date
Lease Agreement • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This First Amendment to Lease Agreement (the “Amendment”) is made and entered into to be effective as of February 16, 2000, by and between WIX/NSJ REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and FOUNDRY NETWORKS, INC., a California corporation (“Tenant”), with reference to the following facts:

Amendment Number 1 to OEM Purchase and License Agreement Between EMC Corporation and Brocade Communications, Inc. OEM Agreement Number OEM 051208 Dated May 20, 2008
Oem Purchase and License Agreement • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Amendment Number 1 (“the Amendment”) to the OEM Purchase and License Agreement (the “Agreement”) dated May 20, 2008 BROCADE Communications Systems, Inc., a Delaware corporation with an office located at 1745 Technology Drive, San Jose, California 95110, and BROCADE Communications Switzerland SarL., a Geneva corporation with principal offices at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland, and BROCADE Communications Services Switzerland, SarL,, a Geneva corporation with principal offices at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland (collectively, “BROCADE”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 together with its designated Subsidiaries (“EMC”), and commences on the date accepted and executed by BROCADE (“Effective Date”).

Second Amendment to Lease Agreement
Lease Agreement • February 25th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Second Amendment to Lease Agreement (the “Amendment”) is made and entered into as of July 28, 2005, by and between WIX/NSJ REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and FOUNDRY NETWORKS, INC., a California corporation (“Tenant”), with reference to the following facts.

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