EXHIBIT 10.68
AMENDMENT TO INTERNATIONAL EXCLUSIVE LICENSE AGREEMENT
This Amendment is made and entered into by and between BHPC Marketing, Inc.
("LICENSOR") and I.C. Xxxxxx Europe, S.L. ("LICENSEE") and is dated as of
September 1, 1999. This Amendment amends and modifies that certain
International Exclusive License Agreements between LICENSOR and LICENSEE,
dated August 15, 1996 (the "Agreements").
(I)
The promises, covenants, agreements and declarations made and set forth
herein are intended to and shall have the same force and effect as if set
forth at length in the body of the Agreements. To the extent that the
provisions of this Amendment are inconsistent with the terms and conditions
of the Agreements, the terms set forth herein shall control.
(II)
1. Effective as of September 1, 1999, the License Agreement Detail
Schedules for both Wholesale Sales and Sales to XXXXXXX HILLS POLO
CLUB Retail Stores are hereby changed as follows:
"Item 4. Renewal Term: From To
------------- ---- --
First Renewal Period (if any) January 1, 2000 December 31, 2000
Second Renewal Period (if any) January 1, 2001 December 31, 2001
Third Renewal Period (if any) January 1, 2002 December 31, 2003
Fourth Renewal Period (if any) January 1, 2004 December 31, 2005
Fifth Renewal Period (if any) January 1, 2006 December 31, 2007
"Item 6. Royalty Rate:
-------------
First Renewal Term (if any): Royalty Rate shall be Zero Percent (0%)
and Advertising Royalty Rate is Four Percent (4%) of Wholesale Sales of
LICENSEE's products including purchases of LICENSEE's products by
XXXXXXX HILLS POLO CLUB-Registration Xxxx- Retail Stores located within
the LICENSEE's defined Territory for the period of January 1, 2000
through June 30, 2000. Royalty Rate shall be Three Percent (3%) and
Advertising Royalty Rate is Four Percent (4%) of Wholesale Sales of
LICENSEE's products including purchases of LICENSEE's products by
XXXXXXX HILLS POLO CLUB Retail Stores located within the LICENSEE's
Defined Territory for the period of July 1, 2000 through December 31,
2000.
Second Renewal Period (if any): Royalty Rate shall be Three Percent
(3%) and Advertising Royalty Rate is Four Percent (4%) of Wholesale
Sales of LICENSEE's products including purchases of LICENSEE's products
by XXXXXXX HILLS POLO CLUB Retail Stores located within the LICENSEE's
Defined Territory.
Third, Fourth and Fifth Renewal Period(s) (if any): Royalty Rate shall
be Five Percent (5%) and Advertising Royalty Rate is Two Percent (2%)
of Wholesale Sales of LICENSEE's products including Purchases of
LICENSEE's products by XXXXXXX HILLS POLO CLUB Retail Stores located
within the LICENSEE's Defined Territory.
No Royalty shall be paid by LICENSEE to LICENSOR on sales of Licensed
Product (with prior written approval of LICENSOR) directly to other
XXXXXXX HILLS POLO CLUB LICENSEEs."
Page One of Two
AMENDMENT TO INTERNATIONAL EXCLUSIVE LICENSE AGREEMENT
This Amendment is made and entered into by and between BHPC Marketing, Inc.
("LICENSOR") and I.C. Xxxxxx Europe, S.L. ("LICENSEE") and is dated as of
November 1, 1999. This Amendment amends and modifies that certain
International Exclusive License Agreements between LICENSOR and LICENSEE,
dated August 15, 1996 (the "Agreements").
(I)
The promises, covenants, agreements and declarations made and set forth
herein are intended to and shall have the same force and effect as if set
forth at length in the body of the Agreements. To the extent that the
provisions of this Amendment are inconsistent with the terms and conditions
of the Agreements, the terms set forth herein shall control.
(II)
1. Effective as of November 1, 1999, the License Agreement Detail
Schedules for both Wholesale Sales and Sales to XXXXXXX HILLS POLO
CLUB Retail Stores are hereby changed as follows:
Item 2. Definition of Licensed Product (by category):
---------------------------------------------
The following is hereby deleted:
"Women's apparel including slacks, skirts, dresses, sweaters,
outerwear, blouses and jeans."
(III)
LICENSOR AND LICENSEE acknowledge and agree that the Agreement, as amended by
this Amendment, remains in full force and effect and represents the entire
agreement of the parties with respect to the matters contained herein.
IN WITNESS WHEREOF, the parties hereto agree that this Amendment shall take
effect as of the date and year first written above.
LICENSOR: LICENSEE:
BHPC MARKETING, INC. I.C. XXXXXX EUROPE, S.L.
BY: /s/ Xxx Xxxxxxxx BY: /s/ Xxxxxx Xxxxx
-------------------------- ------------------------------
Xxx Xxxxxxxx Xxxxxx Xxxxx
Vice President Chairman/C.E.O./President
DATE: DATE: 1/7/2000
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BY: /s/ Xxxxx Xxxxxxxxx
--------------------------
Xxxxx Xxxxxxxxx
Treasurer/Director
DATE: 12/6/99
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