0001193125-09-252405 Sample Contracts

September 19, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 38 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 38 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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September 10, 2009 Brocade Communications Systems, Inc. San Jose, CA 95119 Subject: Amendment #16 to Statement of Work #4903RL1112 (“SOW”) dated December 15, 2003
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This Amendment #16 “(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.

September 15, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment Number 5 to SOW#7 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade   Ibm   Ibm • December 14th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 5 to SOW#7, including all amendments thereto (“SOW#7”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows

October 13, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 2 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 2 to SOW#8, including all amendments thereto (“SOW#8”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows

IBM and Brocade Statement of Work
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This Amendment # 4 is subject to the terms and conditions and forms a part of Statement of Work 7, as amended, and its related Base Agreement # ROCP-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:

October 1, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 3 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 3 to SOW#8, including all amendments thereto (“SOW#8”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows

October 3, 2009 Mr. Mike Harrison Brocade Communications Systems, Inc. San Jose, CA 95110 Subject: Amendment 1 to SOW#8 of the IBM/Brocade Goods Agreement ROC-P-68
Brocade Communications Systems Inc • December 14th, 2009 • Computer peripheral equipment, nec

This letter (the “Amendment”) serves as Amendment Number 1 to SOW#8, including all amendments thereto (“SOW#8”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do mutually agree to amend as follows

IBM Corporation/Brocade Communications Systems, Incorporated. Amendment #5 to Goods Agreement
Goods Agreement • December 14th, 2009 • Brocade Communications Systems Inc • Computer peripheral equipment, nec

This Amendment No. 5 (“Amendment”) amends the terms and conditions of Goods Agreement # (Buyer #4999RO0015) and Supplier # ROC-P-68) (“GA”) between International Business Machines Corporation (“Buyer”) and Brocade Communications Systems, Incorporated (“Supplier”). Unless otherwise noted, this Amendment is effective upon signature of both parties. Transactions performed under this Amendment will be conducted in accordance with and be subject to the terms and conditions of this Amendment and the GA, and any applicable Work Authorizations “(WA’s”). Any capitalized terms not defined in this Amendment will have the meaning set forth in the GA. In the event of a conflict in the terms of this Amendment and that of the BA or SOW, the order of precedence will be: (i) this Amendment, (ii) the GA.

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