Common use of Right to Use Following Release Clause in Contracts

Right to Use Following Release. Notwithstanding the release of the Deposit Materials under this Agreement, Beneficiary shall only have such right to the Deposit Materials as set forth in the License Agreement. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO MASTER ESCROW AGREEMENT (“Beneficiary”) has entered into a Master Escrow Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Beneficiary desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Beneficiary hereby agrees that all terms and conditions of the existing Master Escrow Agreement previously entered into by Beneficiary and Iron Mountain will govern this account. The termination or expiration of any other account of Beneficiary will not affect this account. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 EXHIBIT E Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the Depositor enrolling under this Agreement. Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron Mountain, Attn: Contract Administration, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇. * * * Indicates that confidential treatment has been sought for this information. 126 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ * * * Indicates that confidential treatment has been sought for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued to Hitachi Data Systems, Inc. (“HDS”) by BlueArc Corporation, a Delaware corporation (the “Company”), in connection with revenues received from HDS.

Right to Use Following Release. Notwithstanding Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Materials under Material in accordance with this Agreement, . Beneficiary shall only have such right be obligated to maintain the confidentiality of the released Deposit Materials as set forth in the License AgreementMaterial. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO MASTER ESCROW AGREEMENT Deposit Account Number: 34000 Auxiliary Account Number __________________________ (“Beneficiary”) has entered into a Master Escrow Agreement with ), __________________________ (“Depositor”), and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”) have entered into the above referenced Escrow Agreement (“Agreement”). Pursuant to that Agreement Beneficiary desires that new or Depositor may create additional deposit accounts (“Auxiliary Deposit Account”) for the purpose of holding additional Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, which Iron Mountain will establish a separate account for the new Deposit Materialmaintain separately from other deposit accounts under this Agreement. The new account will be referenced by the following name: __________________________ (“Deposit Account Name”). Beneficiary Pursuant to the Agreement, Depositor may submit material to be held in this Auxiliary Deposit Account by submitting a properly filled out Exhibit B with the Deposit Material to Iron Mountain. For avoidance of doubt, Beneficiary’s rights and obligations relative to the Deposit Material held in any deposit account under this Agreement are governed by the express terms of the Agreement; this form does not provide any additional rights in the Deposit Material. The undersigned hereby agrees that all terms and conditions of the existing Master above referenced Escrow Agreement previously entered into by Beneficiary and Iron Mountain will govern this accountAuxiliary Deposit Account. The termination or expiration of any other deposit account of Beneficiary will not affect this account. CHOOSE ONE: [ ] DEPOSITOR or [ ] BENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SignatureSIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this AgreementIRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 EXHIBIT E Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the Depositor enrolling under this Agreement. Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron MountainMountain Intellectual Property Management, Inc., Attn: Contract AdministrationClient Services, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇. * * * Indicates ENROLLMENT FORM Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”) hereby acknowledge that confidential treatment has been sought for this information. 126 The Parties agree that this Agreement DEPOSITOR COMPANY NAME: _______________is the complete agreement between “Depositor” referred to in the Parties hereto concerning Escrow Agreement that supports DEPOSIT ACCOUNT NUMBER: _______________. Depositor hereby agrees to be bound by all provisions of such Agreement. DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: TITLE: COMPANY EMAIL ADDRESS STREET ADDRESS PROVINCE/CITY/STATE POSTAL/ZIP CODE PHONE NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: PACESETTER, INC. (DBA ST. JUDE MEDICAL – CRMD) BILLING CONTACT INFORMATION TABLE Please provide the subject matter of this Agreement name and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each contact information of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in Billing Contact under this Agreement. This Agreement may only All Invoices will be modified by mutual written agreement of sent to this individual at the Partiesaddress set forth below. SIGNATURE: Signature: PRINT NAME: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ TITLE: A/P Specialist EMAIL ADDRESS ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ COMPANY St. Jude Medical – CRMD STREET ADDRESS 15900 Valley View Court PROVINCE/CITY/STATE Sylmar, California POSTAL/ZIP CODE 91342 PHONE NUMBER ▇▇▇-▇▇▇-▇▇▇▇ FAX NUMBER ▇▇▇-▇▇▇-▇▇▇▇ 3PM-B ver.09012006 Page 13 of 15 ACCEPTANCE & AGREEMENT: SIGNATURE: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS SIGNATURE: /s/ ▇▇▇▇ CHATEAU PRINT NAME: ▇▇▇▇ Chateau TITLE: VP Supply Line Management DATE: 3-14-08 EMAIL ADDRESSADDRESS ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ * * * Indicates that confidential treatment has been sought for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued All notices to Hitachi Data SystemsIron Mountain Intellectual Property Management, Inc. (“HDS”) by BlueArc Corporationshould be sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR, a Delaware corporation (the “Company”)Iron Mountain Intellectual Management, in connection with revenues received from HDS.Inc. Attn: Client Services, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇ EXHIBIT Q ESCROW DEPOSIT QUESTIONNAIRE

Right to Use Following Release. Notwithstanding Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Materials under Material in accordance with this Agreement, . Beneficiary shall only have such right be obligated to maintain the confidentiality of the released Deposit Materials as set forth in the License AgreementMaterial. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) Initial Deposit Account Number: (“BeneficiaryDepositor”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Beneficiary Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Beneficiary Depositor hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Beneficiary Depositor and Iron Mountain will govern this account. The termination or expiration of any other account of Beneficiary Depositor will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SignatureSIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 EXHIBIT E Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the Depositor enrolling under this Agreement. Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron Mountain, Attn: Contract Administration, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇. * * * Indicates that confidential treatment has been sought for this information. 126 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ * * * Indicates that confidential treatment has been sought for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued to Hitachi Data Systems, Inc. (“HDS”) by BlueArc Corporation, a Delaware corporation (the “Company”), in connection with revenues received from HDS.

Right to Use Following Release. Notwithstanding Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Materials under Material in accordance with this Agreement, . Beneficiary shall only have such right be obligated to maintain the Deposit Materials as set forth in confidentiality of the License Agreement. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO MASTER ESCROW AGREEMENT (“Beneficiary”) has entered into a Master Escrow Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Beneficiary desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new released Deposit Material. The new account will be referenced by the following name: . Beneficiary hereby agrees that all terms and conditions [***] Portions of the existing Master Escrow Agreement previously entered into by Beneficiary and Iron Mountain will govern this account. The termination or expiration of any other account of Beneficiary will not affect this account. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail exhibit have been omitted pursuant to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that a request for confidential treatment has filed pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended, and the omitted portions represented by [***] have been sought for this informationseparately filed with the Securities and Exchange Commission. 124 EXHIBIT E Depositor, DEPOSITOR Enrollment Form Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), ) hereby acknowledge that Hitachi Data Systems Corporation Depositor Company Name: _______________________________is the Beneficiary “Depositor” referred to in the Master Three-Party Escrow Services Agreement (Master Deposit Account Numberthat supports DEPOSIT ACCOUNT NUMBER: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the Depositor enrolling under this Agreement_____________________________. Depositor hereby agrees to be bound by all provisions of such Agreement. Service Check box(es) to order service Service Description-Master Three Party Escrow Agreement by signing this Exhibit E. - Beneficiary All parties services are listed below. Services in shaded tables are required for every new escrow account set up. Some services may not be available under the Agreement. One-Time Fees Annual Fees Paying Party Check box to identify the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Paying Party oAdd Additional Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested enrollment Iron Mountain will set up one additional deposit account to release manage and administrate access to Beneficiary the new Deposit Materials Material that will be securely stored in controlled media vaults in accordance with Section 3.8 of the License Agreement service description above and the conditions Agreement that governs the Initial Deposit Account. Iron Mountain will fulfill a Work Request to add a new Beneficiary to an escrow deposit account in accordance with the service description above and the Agreement. $1,700 oDepositor -or oBeneficiary oAdd Deposit Tracking Notification At least semi-annually, Iron Mountain will send an update reminder to Depositor. Thereafter, Beneficiary will be notified of Section 3.8 last deposit. N/A $375 oDepositor or oBeneficiary oAdd File List (Verification Report) Iron Mountain will fulfill a Work Request to provide a File Listing Report, which includes a deposit media readability analysis, a file listing, a file classification table, virus scan outputs, and assurance of the License Agreement have been metcompleted deposit questionnaire. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should A final report will be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron Mountainthe Paying Party regarding the Deposit Material to ensure consistency between Depositor’s representations (i.e., Attn: Contract AdministrationExhibit B and Deposit Questionnaire) and stored Deposit Material. Deposit must be provided on CD, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇DVD-R, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇or deposited by sFTP. * * * Indicates that $2,500 N/A oDepositor-or oBeneficiary Depositor Beneficiary [***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment has been sought for this information. 126 The Parties agree that this Agreement is filed pursuant to Rule 24b-2 promulgated under the complete agreement between the Parties hereto concerning the subject matter Securities Exchange Act of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions1934, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, deliveryas amended, and performance of this Agreement has the omitted portions represented by [***] have been duly authorized separately filed with the Securities and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇Exchange Commission.▇▇▇ * * * Indicates that confidential treatment has been sought for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued to Hitachi Data Systems, Inc. (“HDS”) by BlueArc Corporation, a Delaware corporation (the “Company”), in connection with revenues received from HDS.

Right to Use Following Release. Notwithstanding Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Materials under Material in accordance with this Agreement, . Beneficiary shall only have such right be obligated to maintain the confidentiality of the released Deposit Materials as set forth in the License AgreementMaterial. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) (“BeneficiaryDepositor”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Beneficiary Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Beneficiary Depositor hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Beneficiary Depositor and Iron Mountain will govern this account. The termination or expiration of any other account of Beneficiary Depositor will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SignatureSIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 EXHIBIT E ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the Beneficiary ¨ “Depositor” or ¨ “Beneficiary” referred to in the Master Three-Party Master Escrow Services Service Agreement (Master that supports Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the ¨ Depositor or ¨ Beneficiary enrolling under this Agreement. Depositor ¨ “Depositor” or ¨ “Beneficiary” hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ STREET ADDRESS STREET ADDRESS PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇ST▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron Mountain, Attn: Contract Administration, ▇▇21▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇. * * * Indicates that confidential treatment has been sought for this information. 126 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE SIGNATURE: SignatureSIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ * * * Indicates ESCROW DEPOSIT QUESTIONNAIRE From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that confidential treatment has been sought Iron Mountain provides for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued to Hitachi Data Systemsthe purpose of validating relevance, Inc. (“HDS”) by BlueArc Corporationcompleteness, a Delaware corporation (the “Company”)currency, in connection with revenues received from HDSaccuracy and functionality of deposit materials.

Right to Use Following Release. Notwithstanding the release of the Deposit Materials under this Agreement, Beneficiary shall only have such right to the Deposit Materials as set forth in the License Agreement. * * * Indicates that confidential treatment has been sought for this information. 123 127 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO MASTER ESCROW AGREEMENT (“Beneficiary”) has entered into a Master Escrow Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Beneficiary desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Beneficiary hereby agrees that all terms and conditions of the existing Master Escrow Agreement previously entered into by Beneficiary and Iron Mountain will govern this account. The termination or expiration of any other account of Beneficiary will not affect this account. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 128 EXHIBIT E Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the Depositor enrolling under this Agreement. Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows: (a) a receiver or trustee is appointed for Depositor; (b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import; (c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days, (d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor, (e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code; (f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement); (g) there is a Maintenance Lapse (as defined in the License Agreement); or (h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 129 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ CODE PHONE NUMBER FAX NUMBER All notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR Iron Mountain, Attn: Contract Administration, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇. * * * Indicates that confidential treatment has been sought for this information. 126 130 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: Signature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ * * * Indicates that confidential treatment has been sought for this information. 127 131 * * * Indicates that confidential treatment has been sought for this information. 128 132 * * * Indicates that confidential treatment has been sought for this information. 129 133 * * * Indicates that confidential treatment has been sought for this information. 130 134 This Warrant is issued to Hitachi Data Systems, Inc. (“HDS”) by BlueArc Corporation, a Delaware corporation (the “Company”), in connection with revenues received from HDS.