PRODUCT PURCHASE AGREEMENT
This AMENDMENT 17 (the “Amendment”) amends that certain Product Purchase Agreement No.1526-0331701 (the
“Agreement”) which has an effective date of December 16, 2002, by and between Hewlett-Packard Company (herein “HP”) and
Brocade Communications Systems, Inc. and Brocade Communications Switzerland SARL (collectively referred to herein as
WHEREAS, HP and Supplier have previously entered into the Agreement stated above;
WHEREAS, the purpose of this Amendment is to set forth commercial and other terms and conditions for OEM Product sold by
Supplier and purchased by HP pursuant to the Agreement;
WHEREAS, HP and Supplier desire to amend the Agreement as herein provided;
WHEREAS, HP and Supplier previously entered into the Tenth Amendment of the Agreement, which includes reference to the
management of SFPs between HP and Supplier, and;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HP
and Supplier hereby agree as follows:
The Agreement continues in full force and effect, and except as may be expressly set forth in this Amendment, the Agreement is
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have executed this Agreement as of the Effective
[**] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.
Confidential treatment has been requested with respect to the omitted portions.
The effective date (“Effective Date”) of this Amendment is the last signature date below.
2. After the first five (5) fiscal quarters of shipments from the clear to ship (CTS) date of [**] and throughout the
remaining life cycle of the [**] and any other[**] product’s, should the percent of HP[**]shipped exceed [**]
([**]%) percent of Supplier [**] shipped through HP, measured quarterly based on a [**] average, Suppli