Amendment No. 4 to Goods Agreement ROC-P-68
This Amendment No. 4 (“the Amendment”) to the Goods Agreement ROC-P-68 (the “Agreement”) dated
April 15, 1999 by and between International Business Machines Corporation (“IBM”) and Brocade
Communications Systems Inc. (“Brocade-US”) is made and entered into this 30 th day of March 2006 by and
among Brocade-US, IBM and Brocade Communications Switzerland, SarL, a corporation organized under the
laws of Switzerland and having its principal place of business at 29-31 Route de L’Aeorport, Geneva,
WHEREAS , Statement of Work #1 to the Goods Agreement, as subsequently amended, covers all aspects of
[**] and details both parties’ responsibilities and obligations in the areas of [**], it does not cover [**]
WHEREAS , IBM wishes to provide support to [**] if from time to time those end users request that IBM
provide support to [**] without regard to whether [**].
WHEREAS , the parties wish to amend the Agreement to allow IBM to provide [**]
THEREFORE , in consideration of the above and the other respective promises of the parties set forth herein,
the parties hereto agree as follows and such agreement is incorporated into the Agreement.
1) The parties agree to add the following provisions to the Agreement as Section 9.7 [**]
9.7.1. Pricing and Payment . IBM requests that Brocade provide [**] products, and will purchase this
support in accordance with the Brocade Service Pricing Work Sheet (“Brocade Pricing”) attached as
Attachment 1 , which may be updated by Brocade upon [**] days’ written notice to IBM. IBM understands
that it will only be entitled to [**] for which it has paid the applicable support fee indicated on Attachment 1,
and such support will only be entitled for the term of the support contract purchased.
1) Procedure .
a. The products must be the [**]. IBM will document the serial numbers of hardware and version of
software for each product that will be supported