<PAGE> 1
EXHIBIT 10.12
AMENDMENT NUMBER ONE
TO THE
RESALE AGREEMENT
AGREEMENT NUMBER 90-00-0109-07
EFFECTIVE FEBRUARY 22, 2000
This Amendment Number One (the "Amendment") to the Resale Agreement Number
90-00-0109-07 (the "Agreement") is entered into by MCDATA CORPORATION ("McDATA")
and INTERNATIONAL BUSINESS MACHINES CORPORATION ("Reseller")
WHEREAS, the parties wish to modify the Agreement; and
WHEREAS, the appropriate Sections must be amended accordingly;
NOW THEREFORE, the parties agree as follows:
SECTION 10.6 SHIP AND UNINSTALL PROCEDURE
Effective February 22, 2000, this section is hereby deleted in its
entirety.
SECTION 10.12 ACCEPTANCE OF PRODUCTS
Effective February 22, 2000, this section is hereby deleted in its
entirety.
Except as otherwise stated herein, the terms and conditions of the Agreement
shall be in full force and effect. The parties agree that this Amendment,
together with the Agreement, is the complete and exclusive statement of the
agreement between the parties and supersedes all proposals or all prior
agreements or communications between the parties, whether oral or written, which
relate to the subject matter hereof.
Executed and submitted for acceptance Accepted and effective as of:
by McDATA: February 22, 2000.
INTERNATIONAL BUSINESS MACHINES CORPORATION MCDATA CORPORATION
------------------------------------------- ------------------
("Reseller")
By: /s/ Edwin Dalley By: /s/ Dee J. Perry
--------------------------- ------------------
Name: Edwin Dalley Name: Dee J. Perry
Title: OEM Relationship Manager Title: CFO and VP Finance
/Administration
Dated: June 30, 2000 Dated: June 30, 2000
