Re: Stan Lee / Producer / Overall Agreement / Amendment
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As
of March 13, 2007
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(f/s/o
Xxxx Xxx)
c/o
Ganfer & Shore
000
Xxxxxxxxx Xxxxxx
Xxx Xxxx,
Xxx Xxxx 00000
Attn:
Xxxxxx Xxxxxxxxx, Esq.
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Re:
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Xxxx Xxx / Producer /
Overall Agreement /
Amendment
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Gentlemen:
Reference is made to the Agreement (the
"Agreement") dated as of March 20, 2006 between SILVER CREEK PICTURES, INC.
("Silver Creek") and POW! ENTERTAINMENT, INC. (“Lender”), as amended by the
letter agreement, dated as of September 20, 2006 (the “First Amendment”), for
(a) submission by Xxxx Xxx (“Artist”), on an exclusive “first look” basis, of
any and all ideas, material and/or properties owned or controlled by Lender or
Artist that Artist is interested in developing in any medium or media and (b)
the producing services of Artist in connection with the development, production
and distribution of such Properties in any medium or media.
In
consideration of the mutual covenants and agreements contained herein and in the
Agreement and the First Amendment, Silver Creek, Lender and Artist hereby agree
in this second amendment (“Second Amendment”) dated as of March 13, 2007, to
further amend the Agreement as follows:
1. Reference
is made to Paragraph I.C.1 of the Agreement (Overall; Term; Initial
Term). Notwithstanding anything to the contrary contained therein,
the Initial Term of the Agreement commenced as of the date of the Agreement
(i.e., March
20, 2006) and shall continue through and include May 1, 2007, subject to
suspension and extension as provided in Paragraph G. of the Standard
Terms.
2. Reference
is made to Paragraph I.C.2 of the Agreement (Overall; Term; Optional
Term). Silver Creek hereby exercises its option to extend the Initial
Term for an additional one (1) year period commencing upon the expiration of the
Initial Term and continuing through and including May 2, 2008, subject in all
respects to Silver Creek’s right to suspend and extend the Optional Term as
provided in the Standard Terms.
1
Except as
specifically set forth herein, all provisions of the Agreement shall remain in
full force and effect and may not be modified except by a writing executed by
all parties to the Agreement. Each capitalized term used herein and
not
specifically defined herein shall have the meaning ascribed thereto in the
Agreement.
If the
foregoing correctly represents your understanding, please so acknowledge and
accept as provided below.
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SILVER
CREEK PICTURES, INC.
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By:
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Its:
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ACCEPTED AND
AGREED:
POW!
ENTERTAINMENT PRODUCTIONS, INC.
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By:
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Its:
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Federal
I.D. No.
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2
