0001009626-13-000064 Sample Contracts

Amendment Number 5 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 • May 31st, 2013 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Amendment Number 5 ("Amendment 5") to the OEM Purchase and License Agreement ("Original 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 last date signed below ("Effective Date"). The Original Agreement, as amended by Amendments 1 through 4, is collectively referred to herein as the “Agreement.”

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Statement of Work
Statement of Work • May 31st, 2013 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Amendment # 8 is subject to the terms and conditions and forms a part of Statement of Work 7, as amended, and its related Agreement # ROC-P-68 (collectively, “Agreement”) between International Business Machines Corporation (“Buyer” or “IBM”) and Brocade Communications Systems, Inc. and Brocade Communications Switzerland, SarL (individually and collectively, “Supplier” or “Brocade”). For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Subject: Amendment 46 to SOW #1 of the IBM/Brocade Goods Agreement ROC-P-68
Goods Agreement • May 31st, 2013 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 46 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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