Exhibit 10.35
AMENDMENT TO EXCLUSIVE DOMESTIC LICENSE AGREEMENT
This Amendment is made and entered into by and between BHPC Marketing, Inc.
("LICENSOR") and I.C. Xxxxxx Co., L.P. ("LICENSEE") and is dated as of October
21, 1998. This Amendment amends and modifies that certain Exclusive Domestic
License Agreement between LICENSOR AND LICENSEE, dated December 14, 1995 (the
"Agreement").
(I)
The promises, covenants, agreements and declaration made and set forth herein
are intended to and shall have the same force and effect as if set forth at
length in the body of the Agreement. To the extent that the provisions of this
Amendment are inconsistent with the terms and conditions of the Agreement, the
terms set forth herein shall control.
(II)
1. Effective December 31, 1998, Item 2 of the License Agreement Detail Schedule
is hereby deleted in its entirety, and the following is hereby inserted in its
place at stead
"2. Definition of License Product (by category):
Men's apparel including denim sportswear, outerwear, woven
shirts, knit and woven casual pants and shorts, sweaters,
basic and fashion fleece tops and bottoms, overalls and
shortalls, knit tops (including t-shirts and polo shirts),
swimwear, and warm-ups (excluding suits, ties, dress shirts,
underwear, shoes, overcoats, and full-length rainwear)."
(III)
LICENSOR AND LICENSEE acknowledge and agree that the Agreement, as amended by
this Amendment, remains in full force and effect and represents the entire
agreement of the parties with respect to the matters contained herein.
AMENDMENT TO EXCLUSIVE DOMESTIC LICENSE AGREEMENT
Product Category: Men's Apparel
I.C. XXXXXX & COMPANY, L.P.
Page Two of Two
IN WITNESS WHEREOF, the parties hereto agree that this Amendment shall take
effect as of the date and year first written above.
LICENSOR: LICENSEE:
BHPC MARKETING, INC. I.C. XXXXXX & COMPANY, L.P.
BY: /s/ Xxx Xxxxxxxx BY: /s/ Xxxxxx Xxxxx
------------------------------ ----------------------------------
Xxx Xxxxxxxx Xxxxxx Xxxxx
Vice President Chairman of the Board, Co.-C.E.O.
DATE: 11/4/98 DATE: 11/5/98
-------------- ---------------
BY: /s/ Xxxxx Xxxxxxxxx BY: /s/ Xxxxxx Xxxx
------------------------------ ----------------------------------
Xxxxx Xxxxxxxxx Xxxxxx Xxxx
Treasurer/Director President, Co-C.E.O.
DATE: 11/4/98 DATE: 11/11/98
-------------- ---------------
