Exhibit 10.53
AMENDMENT NO. ONE
TO
MANUFACTURING AND PURCHASE AGREEMENT
BETWEEN
BROCADE AND SOLECTRON
This Amendment Number One ("Amendment") to the Manufacturing and Purchase
Agreement by and between Brocade Communications Systems, Inc. ("Brocade"), and
Solectron Corporation ("Solectron"), dated February 21, 2003 ("Agreement") is
entered into as of March __, 2003.
In consideration of the mutual covenants and promises set forth herein and for
other good and valuable consideration, the receipt of which both parties hereby
acknowledge, Brocade and Solectron agree as follows:
1. Section 2.7. Section 2.7 is deleted in its entirety.
2. Section 8.4. The first sentence in Section 8.4 is deleted and replaced
with the following:
Unless otherwise agreed to in the SLA, Solectron will submit
invoice(s) periodically to Brocade upon shipment of Product(s)
for which the recipient takes delivery inside the United
States. (All Products for which the recipient takes delivery
outside of the United States shall be governed by the
agreement entered into by and between Brocade Communications
Switzerland, SarL. and Solectron, dated March __, 2003.)
3. Section 19. Section 19 is deleted in its entirety and replaced with the
following:
[THIS SECTION INTENTIONALLY LEFT BLANK]
4. Exhibit H. Exhibit H is deleted in its entirety and replaced with the
following:
[THIS EXHIBIT INTENTIONALLY LEFT BLANK]
5. No Other Changes. Except as specified in this Amendment, the Agreement
remains unchanged and in full force and effect.
6. Counterparts. This Amendment may be executed in two or more
counterparts, all of which, taken together, shall be regarded as one
and the same instrument.
BROCADE COMMUNICATIONS SYSTEMS INC. SOLECTRON CORPORATION
Signature: ______________________ Signature: ________________________
Name: _______________________ Name: ________________________
Title: _______________________ Title: ________________________
Brocade Confidential