exv10w96



 







Exhibit 10.96




Amendment No. 14

Purchase Agreement



This Amendment No. 14 (“the Amendment”) to the Purchase Agreement (the “Agreement”) dated
January 25, 2000 by and among Brocade Communications Systems, Inc., a corporation organized under
the laws of the State of Delaware, U.S.A., and having its principal place of business at 1745
Technology Drive, San Jose, California 95110 (“Brocade-US”), and Brocade Communications Switzerland
SarL., a corporation organized under the laws of Geneva, and having its principal place of business
at 29-31 Route de l’Aeroport, Case Postale 105 CH-1215 Geneva 15, Switzerland
(“Brocade-Switzerland”), (collectively “SUPPLIER”) and EMC Corporation, (“EMC”), a Massachusetts
corporation, is made this 24th day of October, 2005 by and between SUPPLIER and EMC and commences
on the date accepted and executed by SUPPLIER (“Effective
Date”). [**]



WHEREAS, the Agreement covers all aspects of EMC purchase and resale of Brocade hardware and
software and details both parties’ responsibilities and obligations in the areas of product
delivery, maintenance and support, [**].



WHEREAS, EMC wishes to [**].



WHEREAS, the parties wish to amend the Agreement to allow EMC to provide support to
[**];



THEREFORE, in consideration of the above and the other respective promises of the parties set forth
herein, the parties hereto agree as follows:



1) Pricing and Payment. EMC requests that Brocade provide [**] in
accordance with the Brocade Service Pricing Work Sheet (“Brocade Pricing”) attached as
Attachment 1. EMC understands that it will only be entitled to receive
[**].





	 	1)	 	Procedure.






	 	a.	 	The products must be the Brocade [**] and the
customer must agree to [**]. EMC will document the serial
numbers [**]. SUPPLIER will provide
[**].
	 
	 	b.	 	EMC agrees that it will [**] and will manage
all [**] prior to escalating any backline issues to
Brocade. EMC also understands that hardware repair is based on a
[**], and the [**].
	 
	 	c.	 	To register a switch the following information must be provided to
Brocade:






	 	•	 	Switch serial number or WWN;
	 
	 	•	 	Duration of [**];
	 
	 	•	 	Support Part Number (per the pricing worksheet); and
	 
	 	•	 	Purchase Order Number.






	 	d.	 	Brocade will send EMC a confirming email and invoice. Brocade will
update any entitlement databases. Brocade will also provide
[**] according to the Agreement.







 




			
	[**]	 	 Certain
information on this page has been omitted and filed separately with the
Securities and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.




 









 








3) No Other Changes. All other terms and conditions of the Agreement shall remain
unchanged.



4) 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.



IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 14 to OEM Purchase
Agreement by their duly authorized representatives. Such execution of the Amendment may be in
three counterparts, each of which shall be an original and together which shall constitute one and
the same instrument.




	 	 	 	 	 	 	 	 	 
	Executed and agreed to:	 	 	 	Executed and agreed to:
	 
	 	 	 	 	 	 	 	 
	Brocade Communications Systems, Inc.	 	 	 	EMC Corporation
	(“Supplier”)	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Signature:

	 	/s/ Jill Cameron
	 	 	 	Signature:
	 	/s/ William Monagle
	 

	 	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Name:

	 	 	 	 	 	Name:	 	 
	 

	 	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Title:

	 	Dir. WW Sales Operations
	 	 	 	Title:
	 	VP Corporate Procurement
	 

	 	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Date:

	 	12-15-05
	 	 	 	Date:
	 	10/24/05
	 

	 	 	 	 	 	 	 	 





Brocade Communications Switzerland, SarL.

(“Supplier”)




	 	 	 	 	 
	Signature:

	 	/s/ Ulrich Plechschmidt
	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	Name:
	 	 	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	Title:

	 	VP EMEA and Latin America	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	Date:

	 	12-19-05	 	 
	 
	 	 	 	 
	 

	 	 	 	 





 









 








ATTACHMENT 1

Brocade Pricing




[**]






 




			
	[**]	 	 Certain information on this page has been omitted and filed separately with the
Securities and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.