AMENDMENT AGREEMENT EXTENSION
THIS AMENDMENT AGREEMENT is made and entered into on December 17, 1998
by and between SEARS, XXXXXXX AND CO., a New York corporation (hereinafter
called "Sears") and DIAMOND EXTERIORS, INC., a Delaware corporation (hereinafter
called "Licensee").
Reference is made to the License Agreement entered into by and between
Sears and Licensee wherein Sears granted to Licensee the privilege of conducting
and operating, and Licensee hereby agreed to conduct and operate, pursuant to
the terms, provisions and conditions contained in the License Agreement, a
business for the selling, furnishing and installing of certain Sears approved
products in the Sears Market Area(s) designated in Exhibit A. Said License
Agreement, as the same may hereto have been extended, amended, modified and/or
supplemented, is referred to hereinafter as the "License Agreement".
In consideration of mutual covenants and promises of Sears and Licensee
contained in said License Agreement and contained herein, Sears and Licensee
hereby mutually agree that the term of said License Agreement shall be and
hereby is extended until the close of business on June 30, 1999. Said License
Agreement is in all other respects fully ratified and confirmed, including any
mutual rights of termination contained therein.
IN WITNESS WHEREOF, the parties hereto set their hands and affix their
seal(s), the corporate party of parties by its or their proper officers or
agents duly authorized thereunto.
SEARS, XXXXXXX AND CO. DIAMOND EXTERIORS, INC.
By: By: /s/ Xxxxxx X. Xxxxxxx
Xx Xxxxxxx Print Name: Xxxxxx X. Xxxxxxx
National Operations Manager Title: Vice President & General
Counsel
By:
Xxxxx Xxxxxx
National Business Manager