Second Amendment to the
September 7, 2004 Joint Development and License Agreement Between Palomar MedicalTechnologies,
Inc. and Xxxxxxx & Xxxxxxx Consumer Companies, Inc. (the “Agreement”)
Whereas, pursuant to the
Agreement, the parties are engaged in a collaboration to develop, clinically test and
potentially commercialize home-use, light-based devices for (i) reducing or reshaping body
fat including cellulite; (ii) reducing appearance of skin aging; and (iii) reducing or
preventing acne; and
Whereas, the parties desire to
modify certain provisions of the Agreement in order to **.
Now, Therefore, in
consideration of the foregoing premises, the mutual promises and covenants of the parties
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto, intending to be legally bound, do
hereby agree as follows effective on the 1st day of April 2007:
1.
Appendix E to the Agreement is hereby amended to include new Exhibit D attached
hereto.
2.
Article III E.2.b is hereby amended to replace the first sentence with the
following:
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