exv10w103



 





Exhibit 10.103





3039 Cornwallis Road

RTP, NC 27709




August 29, 2006




Mr. Michael Harrison

Brocade Communications Systems, Inc.

1745 Technology Drive

San Jose, CA 95110




Subject: Amendment 26 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68



This letter (the “Amendment”) serves as Amendment Number 26 to SOW#1, including all amendments
thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”). All defined terms contained in
the Agreement and SOW #1 shall have the same meaning in this Amendment unless otherwise stipulated
below. The parties hereby mutually agree to amend the Agreement as follows:



1. Delete Section 12.0 “Compliance with Environmental Laws” in its entirety and replace with:



“12.0 Hazardous Substance and Environmental Law Requirements



Supplier is responsible for understanding and complying with: (a) all applicable Buyer
specifications, whether referenced on the plans, in the Agreement or otherwise in a contract
document between Buyer and Supplier, and (b) all Environmental Laws applicable to Supplier that
restrict, regulate or otherwise govern Buyer’s direct or indirect import, export, sale or other
distribution of Supplier’s Products or Deliverables on a stand-alone basis, or as part of a buyer
server, storage, or retail store solution. “Environmental Laws” means those laws, rules and
regulations (local, state, provincial or federal) of the nations of the European Union, United
States, Canada, Brazil, Venezuela, Switzerland, Norway, South Africa, Israel, Egypt, Hong Kong,
Russia, China, Singapore, Taiwan, India, Korea and Australia that relate to environmental matters,
including without limitation material restrictions, material bans, product labeling, availability
of product environmental information, energy efficiency, end-of-life product take back, packaging,
batteries and other similar requirements. For example, Environmental Laws include without
limitation those laws of the European Union member states that implement Directive 2002/95/EC
regarding restriction of the use of certain hazardous substances in electrical and electronic
equipment. As requested by Buyer, Supplier shall provide evidence of compliance with the legal
requirements resulting from its obligations above by suitable means, and shall assist Buyer with
any reporting obligations related to Supplier’s Products or Deliverables on a stand-alone basis, or
as part of a buyer server, storage, or retail store solution. Supplier certifies that the
information and data provided in accordance with the foregoing, as well as any other information or
data provided in accordance with the applicable specifications is accurate, true, and complete.
Should supplier become aware of any conflict between the requirements of a Buyer specification
applicable to the Product or Deliverable and the Environmental Laws, Supplier shall notify Buyer in
writing of the conflict and Buyer shall inform Supplier which restriction controls.
Notwithstanding the foregoing, where Buyer is deemed the producer of supplier’s products or
deliverables under a European Union member state’s implementation of Directive 2002/96/EC on waste
electrical and electronic equipment, buyer shall have responsibility as the producer under this law
unless it contracts with supplier to perform some or all of the producer responsibilities.



12.1 Based on evaluation of the Specifications, Supplier takes except to the following provisions.




	 	 	 
	12.1.1

	 	[**]
	 
	 

	 	•     [**]
	 

	 	•     [**]
	 

	 	•     [**]
	 

	 	•     [**]
	 
	12.1.2

	 	[**]
	 
	 

	 	•     [**]






 






	[**] 	 	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.





Confidential Information



1









 






	 	•	 	[**]





	 	 	 	 	 	 	 	 	 	 	 
	Accepted and Agreed
To: 

International Business Machines Corporation	 	Accepted and Agreed
To:

Brocade Communications Systems, Inc.
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	 	 	 	 	By:	 	 	 	 
	 	 	 	 	 	 	 
	Authorized Signature	 	Date	 	Authorized Signature	 	Date
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 
	Type or Print Name	 	Type or Print Name
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 
	Title & Organization	 	Title & Organization





 





[**] 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.



Confidential Information





2