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This FOURTEENTH
Amendment (the “FOURTEENTH Amendment”) effective as of
October 24, 2008, (the “Effective Date”) amends the OEM
Purchase Agreement (the “Agreement”) dated
December 16, 2002, by and between HEWLETT-PACKARD COMPANY, a
Delaware corporation having its principal place of business at 3000
Hanover Street, Palo Alto, California 94304 (“HP”) and
BROCADE COMMUNICATIONS SYSTEMS, INC. a Delaware corporation having
its principal place of business at 1745 Technology Drive, San Jose,
California 95110, and BROCADE COMMUNICATIONS SYSTEMS SWITZERLAND
SARL., a corporation organized under the laws of Geneva, and having
its principal place of business at 29 Route de l’Aeroport
Case Postale 105, CH-1215 Geneva 15, Switzerland (collectively
“Supplier”).
WHEREAS, HP and
Supplier have entered into the Agreement pursuant to which HP
agreed to purchase, and Supplier agreed to sell OEM Products in
accordance with the terms and conditions set forth therein;
and,
WHEREAS, HP and
Supplier desire to enter into this FOURTEENTH Amendment to addend
new OEM Products to the Agreement.
NOW, THEREFORE,
in consideration of the mutual covenants contained herein, and for
other good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, HP and Supplier agree as
follows:
This is a
Product Addendum that is intended to name additional OEM Products
to the Agreement in accordance with Section 2.18 of the
Agreement. This addition will cause the following Exhibits to be
amended:
Exhibit A
OEM Products and Specifications. HP Products that have been
launched since the date of the OEM Agreement that have not been
previously addended to the Agreement are listed in Attachment A and
are hereby incorporated. These include [**] Part numbers for
Brocade products that may have already been included in the OEM
Agreement. This is intended to capture all [**] part
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