AGREEMENT # ROC-P-68
This Agreement dated as of April 15, 1999 ("EFFECTIVE DATE"), between International Business Machines
Corporation ("BUYER") and Brocade Communications Systems, Inc. ("SUPPLIER"), establishes the basis for a
multinational procurement relationship under which Buyer may purchase from Supplier the Products and Services
which are described in SOWs issued under this Agreement.
"AFFILIATES" means entities that control, are controlled by, or are under common control with a party to this
Agreement and that have signed a PA.
"AGREEMENT" means this agreement and any relevant Statements of Work ("SOW"), Work Authorizations
("WA"), Participation Attachments ("PA"), and other attachments or appendices specifically referenced in this
"BUYER" means either IBM or one of its Affiliates.
"DAYS" means calendar days unless otherwise specified.
"BUYER PERSONNEL" means agents, employees, contractors or remarketers engaged by Buyer.
"PARTICIPATION AGREEMENT" or "PA" means an agreement signed by Affiliates and accepted by Supplier
in writing, which incorporates by reference the terms and conditions in this agreement, any relevant SOW, and
other attachments or appendices specifically referenced in the PA. Buyer to supply Supplier with copies of all
"PRODUCTS" means items identified in the relevant SOW.
"SERVICES" means the services identified in the relevant SOW.
"STATEMENT OF WORK" or "SOW" means any document attached to or included in this Agreement which
describes the Products and Services, including any requirements, specifications or schedules.
"SUPPLIER" means either Supplier or one of its Affiliates.
"SUPPLIER PERSONNEL" means agents, employees or subcontractors engaged by Supplier.
"WORK AUTHORIZATION" or "WA" means a purchase order or other Buyer designated document, in either
electronic or hard copy form, issued by Buyer's procurement personnel, and is the only authorization for Supplier