EX-10.115 3 d223486dex10115.htm AMENDMENT NUMBER 19 TO STATEMENT OF WORK NUMBER 3 OF THE GOODS AGREEMENT Amendment Number 19 to Statement of Work Number 3 of the Goods Agreement

Exhibit 10.115

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3039 E CORNWALLIS RD

RESEARCH TRIANGLE PARK NC 27709-2195

October 12, 2011

Brocade Communications Systems, Inc.

130 Holger Way

San Jose, CA 95134-1376

Subject: Amendment #19 to Statement of Work #4903RL1112 (“SOW”) dated December 15, 2003

This Amendment #19 (“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.

 

1. In the preamble, delete the second sentence and replace it with the following:

“This SOW is effective beginning on December 15, 2003 (“Effective Date”) and will remain in effect until December 31, 2013.”

The parties acknowledge that they have read this Amendment, understand it, and agree to be bound by its terms and conditions. Further, they agree that this Amendment and the subject Agreement are the complete and exclusive statement of the agreement between the parties, superseding all proposals or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Except as specifically provided for in the foregoing provisions of this Amendment, the SOW shall continue in full force and effect. All capitalized terms defined in the Agreement which are used in this Amendment without further definition shall have the meanings ascribed to them in the Agreement.

Please have your authorized representative indicate acceptance thereof by signing the Amendment and returning one copy to the attention of Cliff Yochelson. This amendment will be effective when signed by both parties.

 

Goods Agreement #ROC-P-68; Statement of Work #4903RL1112    Page 1 of 2    
Amendment 19    IBM Brocade Confidential


ACCEPTED AND AGREED TO:      ACCEPTED AND AGREED TO:
International Business Machines Corporation      Brocade Communications
By:      By:

/s/ Kristen Styers                                  10/24/11

    

/s/ Andy Vandeveld

IBM Signature                                          Date      Brocade Communications                         Date

Kristen Styers

    

Andy Vandeveld

Printed Name      Printed Name

Mgr. Networking

    

V.P. GSI

Title & Organization      Title & Organization

 

    

 

Address:

3039 Cornwallis Rd

RTP, NC 27709

USA

    

Address:

130 Holger Way

San Jose, CA 95134-1376

USA

     ACCEPTED AND AGREED TO:
     Brocade Communications Switzerland, SarL
     By:
    

/s/ Alberto Soto                        24 October 2011

     Authorized Signature                         Date
    

Alberto Soto

     Type or Print Name
    

Vice President EMEA

     Title & Organization

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Goods Agreement #ROC-P-68; Statement of Work #4903RL1112    Page 2 of 2    
Amendment 19    IBM Brocade Confidential