AMENDMENT NO. 1 TO
[LICENSE] AGREEMENT
This Amendment No. 1 to the Agreement (this "Amendment") is made and
entered into as of January 1, 2000, by and between Xxx X. Xxxxxxxxxxx
("Licensor") and The Children's Beverage Group, a Delaware corporation
("Licensee").
RECITALS
A. Licensor and Licensee entered into that certain Agreement dated
September 14, 1999 (the "Contract").
B. Pursuant to Section 3 of the Contract, Licensor is entitled to certain
payments to be determined.
C. The parties desire to modify the provisions of the Contract as set
forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
promises contained herein, Stockholders and Trustee agree as follows:
1. Amendment to Section 3 of the Contract. Section 3 of the Contract is
hereby amended by deleting subsections A. and B. and substituting therefor the
following:
"A. License Payment. For the license granted in Paragraph 2. of this
Agreement, the Licensee shall pay Licensor an annual fee equal to $1.00."
In addition, subsection 3.C. shall be renumbered and become subsection 3.B.
2. Effectiveness of Contract. Except as expressly provided herein,
nothing in this Amendment shall be deemed to waive or modify any of the
provisions of the Contract, or any amendment or addendum thereto. In the event
of any conflict between the Contract, this Amendment or any other amendment or
addendum thereof, the document later in time shall prevail.
3. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first above written.
By: /s/ Xxx Darmstater
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XXX X. XXXXXXXXXXX
THE CHILDREN'S BEVERAGE GROUP, INC.
By: /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx, Authorized Officer
