Exhibit 10.35
AMENDMENT NO. 8
TO TRADEMARK LICENSE AND TECHNICAL ASSISTANCE AGREEMENT FOR MEN'S COLLECTIONS
This Amendment no. 8, dated as of March 29, 2006, is to the Trademark
License and Technical Assistance Agreement for Men's Collections dated January
15, 1998, as previously amended (the "Agreement"), by and between Latitude
Licensing Corp. ("Licensor") and I.C. Xxxxxx & Company L.P. ("Licensee" who
together with Licensor, are hereinafter referred to as the "Parties").
Capitalized terms used herein have the meaning ascribed to them in the Agreement
unless otherwise indicated.
WHEREAS, pursuant to Section 8.1 of the Agreement, Licensee must annually
spend upon advertising of the Products throughout the Territory a minimum of
three percent (3%) of Net Sales but no less than $500,000 (the "Minimum
Advertising Expense"); and
WHEREAS, Licensor and Licensee wish to amend the Agreement with respect to
the Minimum Advertising Expense for 2007-2009 to reflect an increase in the
advertising budget for 2007-2009 in order to, among other things, facilitate and
support a repositioning of the Girbaud brand for better store distribution.
NOW, THEREFORE, in consideration of the foregoing, and the terms and
provisions hereinbelow set forth, and for good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the Parties agree, as
follows:
1. Section 8 - Advertising and Promotion
Section 8.1 of the Agreement is hereby amended by inserting the following
at the end of the first sentence thereof before the period thereto:
", provided that for each of 2007, 2008 and 2009 the Minimum
Advertising Expense shall be increased by an additional $200,000."
2. Full Force and Effect
Except as expressly amended herby, the Agreement and all terms and
provisions thereof are and shall continue to be in full force and effect.
[Signatures on Next Page]
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: I.C. Xxxxxx & Company, Inc.,
its General Partner
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X Xxxxxx
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Title: Secretary By: /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx, Chief Executive Officer
