Exhibit 10 (bb)
SECOND AMENDMENT TO LICENSE AGREEMENT
-------------------------------------
This is a Second Amendment to the July 1, 1993 License Agreement,
as earlier amended on December 29, 1997 (the "Agreement") by and between
PRECIOUS MOMENTS, INC. ("PMI") an Illinois corporation with principal
offices in St. Xxxxxxx, Illinois; and ENESCO CORPORATION ("Enesco"), an
Ohio corporation with principal offices in Itasca, Illinois.
RECITAL OF FACT
---------------
In an effort to continue working closely to strengthen and improve
the partnership based on sharing, honesty and trust, PMI and Enesco believe
that the following Amendment to the Agreement will enhance and further
their relationship.
PMI and Enesco agree to further amend their Agreement as follows:
I. Exhibit B-2 of the Agreement is hereby further amended as follows
to add the following new non-exclusive product categories and
products:
A. Artplas
Amend Item 20 by adding at the beginning of footnote 1 the
words "Including mass market, but"
F. Miscellaneous Products
39. Animated figures (mass market only)
40. Vinyl tree toppers (mass market only)
41. Christmas tree skirts (mass market only)
42. Christmas bows (mass market only)
43. Tin figures, ornaments, frames and decorative housewares
44. Paper mache ornaments, figurines and frames
45. Silver plated frames, boxes and ornaments
46. Tea sets
X. Xxxx products
17. Clocks, decorative boxes, frames and figurines
W. 3-D Oversized character visual merchandisers for retail display
use only, not intended for resale
II. Subparagraph 4 (b) of the Agreement is hereby further amended
as follows:
To delete the word "and" prior to (iii); and to add the phrase
"and (iv) beginning December 17, 1998 the percentage royalty for
animated figurines, waterballs and snowdomes (in mass market only)
shall be six percent (6.0%)" just before the period at the end of
the sentence.
III. Exhibit B-1 of the Agreement shall be further amended as follows
to delete the following from the list of Enesco Core Products:
33. Tea sets
IV. EFFECTIVE DATE
Except as otherwise provided for herein, the effective date of
this Second Amendment shall be January 1, 1999.
V. RATIFICATION
All other terms and conditions of the Agreement are ratified and
confirmed and shall continue to remain in full force and effect.
IN WITNESS WHEREOF, the parties have, through their duly authorized
officers, set their hands and seals as of the 22nd day of January, 1999.
WITNESS: PRECIOUS MOMENTS, INC.
an Illinois corporation
/s/ Xxxxxxx Xxxxx By: /s/ Xxx Xxxxxxx
----------------- ------------------------
Xxx Xxxxxxx, President
WITNESS: ENESCO CORPORATION
an Ohio corporation
/s/ Xxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
--------------------- ------------------------------
Xxxxxxx X. Xxxxxxx, President
and Chief Executive Officer
CERTIFICATE OF ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)
COUNTY OF DUPAGE )
This Certificate of Acknowledgment is being made and executed
pursuant to the Uniform Recognition of Acknowledgment Act, as amended, by
me, a Notary Public commissioned in and for the County of DuPage, State of
Illinois.
I Certify that the foregoing Second Amendment to license Agreement
was acknowledged before me this 22nd day of January, 1999, by Xxxxxxx X.
Xxxxxxx, President and Chief Executive Officer of ENESCO CORPORATION, an
Ohio corporation, on behalf of that corporation.
/s/ Xxxxx XxXxxxxx
-------------------------------
Notary Public
My Commission expires: 10/4/02
CERTIFICATE OF ACKNOWLEDGEMENT
STATE OF ILLINOIS )
)
COUNTY OF XXXX )
This Certificate of Acknowledgment is being made and executed
pursuant to the Uniform Recognition of Acknowledgment Act, as amended, by
me, a Notary Public commissioned in and for the County of DuPage, State of
Illinois.
I Certify that the foregoing Second Amendment to license Agreement
was acknowledged before me this 22nd day of January, 1999, by Xxx Xxxxxxx,
President of PRECIOUS MOMENTS, INC., an Illinois corporation, on behalf of
that corporation.
/s/ Xxxxx X. Xxxxxxxx
------------------------------
Notary Public
My Commission expires: 6/11/99