Exhibit 10.113
AMENDMENT NO. 8
TO TRADEMARK LICENSE AND TECHNICAL ASSISTANCE AGREEMENT FOR WOMEN'S COLLECTIONS
This amendment no. 8, dated October 29, 2003, is to the Trademark
license and Technical Assistance Agreement for Women's Collections dated March
4, 1998 by and between Latitude Licensing Corp. ("Licensor") and I.C. Xxxxxx &
Company L.P. (Licensee") covering Women's Products (The "Agreement").
Capitalized terms used herein have the meaning ascribed to them in the Agreement
unless otherwise indicated.
WHEREAS, the parties wish to amend the Agreement to the extent set
forth herein.
NOW, THEREFORE, for good and valuable consideration, the sufficiency
and receipt of which are hereby acknowledged, the parties agree to amend the
Agreement as follows :
1. Section 4 - Royalties
Section 4.5 of the Agreement is hereby amended to replace the last
sentence thereof with the following:
"Anything elsewhere contained in this Section 4.5 to the contrary
notwithstanding, (a) the $125,000 payment due in the month of December
2002 with respect to the Minimum Royalties to be paid in Calendar Year
2002 shall be deferred to and paid in May 2004; and (b) the Minimum
Royalties to be paid in Calendar Year 2003 shall be paid as follows:
the sum of (i) $25,000 shall be paid in each of the months of April and
May of 2003; (ii) $125,000 shall be paid in each of the months of June,
July, August, September, October, November and December of 2003; and
(iii) $125,000 shall be paid in June 2004."
2. Effective Date and Payment Dates
This Amendment no. 8 shall be effective as of the date first written
above.
Invoices sent by Licensor for public relations, collections and fashion
shows shall be paid and settled within twenty days of their issuance.
3. No defaults; Full Force and Effect
The parties hereby confirm to one another that neither party is in
default to the other in the performance of any of the obligations owed by either
of them to the other. The Agreement, as amended by this Amendment no. 8, shall
continue in full force and effect.
IN WITNESS WHEREOF, the parties, by their duly authorized
representatives, have executed this Amendment no. 8 as of the date first above
written.
LATITUDE LICENSING CORP. I.C. XXXXXX & COMPANY L.P.
By: /s/ Xxxxxx Xxxxxx By: I.C. Xxxxxx & Company, Inc., its General
------------------------ Partner
Name: Xxxxxx Xxxxxx
----------------------- By: /s/ Xxxxxx X. Xxxxxxxxx
Title: Vice President ----------------------------
--------------------- Xxxxxx X. Xxxxxxxxx, EVP/CFO
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