{"id":42474,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/license-agreement-tommy-hilfiger-licensing-inc-and-pepe-jeans.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"license-agreement-tommy-hilfiger-licensing-inc-and-pepe-jeans","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/license-agreement-tommy-hilfiger-licensing-inc-and-pepe-jeans.html","title":{"rendered":"License Agreement &#8211; Tommy Hilfiger Licensing Inc. and Pepe Jeans USA Inc."},"content":{"rendered":"<pre>\n                      SECOND AMENDMENT TO LICENSE AGREEMENT\n                          DATED AUGUST 28, 1995 BETWEEN\n                         TOMMY HILFIGER LICENSING, INC.\n                            AND PEPE JEANS USA, INC.\n\n      AGREEMENT entered into as of the 1st day of October 1997, by and between\nTOMMY HILFIGER LICENSING, INC., having an address at 913 N. Market Street,\nWilmington, Delaware 19801 (hereinafter referred to as 'Licensor') and, by\nassignment, PEPE JEANS USA, INC., having an address at 5428 East Slauson Avenue,\nCommerce, California 90040 (hereinafter referred to as 'Licensee').\n \n                              W I T N E S S E T H :\n\n      WHEREAS, Licensor and Licensee entered into a License Agreement dated\nAugust 28, 1995, by way of an assignment from SEL International Investments\nCorp. to Pepe Jeans London Corporation, and from Pepe Jeans London Corporation\nto Pepe Jeans USA, Inc. on October 1, 1995.\n\n      WHEREAS, the parties have agreed to the amendments to said agreement\ncontained herein.\n\n      NOW, THEREFORE, the parties hereto, in consideration of the mutual\nagreements herein contained and promises herein expressed, and for other good\nconsideration acknowledged by each of them to be satisfactory and adequate, do\nhereby agree as follows:\n\n      1. Article 8.9 of the License Agreement shall be deleted in its entirety\nand replaced with the following:\n\n      '8.9 (a) Licensee shall promptly and thereafter annually execute the\nCertification attached hereto as Exhibit H;\n\n           (b) Licensee represents that all Licensed Products to be manufactured\nhereunder (whether by Licensee, Licensee's third party manufacturers or by such\nthird party manufacturers' contract sewing shops or other designated contract\nfacilities) will be manufactured in compliance with the wage and hour laws of\nthe country of manufacture and without the use of child (under the age of 14),\nprison or slave labor. All manufacturing facilities producing Licensed Products\nthat are located in the United States will be in strict compliance with the\nminimum wage, overtime and child labor provisions of the Fair Labor Standards\nAct and applicable state and local laws;\n\n           (c) Licensee shall not utilize any factory in the manufacture of\nLicensed Products unless it has been inspected and approved, in writing, by an\nauthorized employee or agent of Licensee;\n\n           (d) Licensee shall provide to Licensor the name, address, telephone\nnumber and facsimile number for each third party manufacturer utilized in the\nproduction of Licensed Product;\n\n           (e) Licensee represents that it has in effect (or will promptly\ndevelop) a program of monitoring all third party manufacturers and such third\nparty manufacturers' contract sewing shops and other designated contract\nfacilities for compliance with the requirements of Article 8.9(b) above;\n\n\n\n           (f) Licensee shall require that all shipping documents which\naccompany Licensed Products manufactured on Licensee's behalf include the\nfollowing language (either pre-printed or 'stamped'):\n\n          'We hereby certify that the merchandise (including components thereof)\n          covered by this shipment was  manufactured  in compliance with (1) all\n          applicable  requirements  of the wage and hour laws of the  country of\n          manufacture and without the use of child (under the age of 14), prison\n          or slave labor,  and if  manufactured  in the United  States,  (2) all\n          applicable  requirements  of  Sections  6,7,  and 12 of the Fair Labor\n          Standards Act, as amended and all regulations and orders of the United\n          States  Department of Labor under Section 14 thereof,  and  applicable\n          state and local  laws  pertaining  to child  labor,  minimum  wage and\n          overtime  compensation.  We further  certify  that we have in effect a\n          program of monitoring  any  manufacturers  and their  contract  sewing\n          shops and other  designated  contract  facilities which performed work\n          for us in connection  with the  manufacture  of such  merchandise  for\n          compliance  with the Fair Labor  Standards Act and  comparable  state,\n          local and foreign  laws.  We also  certify that upon  importation  (if\n          applicable) this shipment is in compliance with all laws applicable to\n          the  designation  of  country  of origin  and is being  shipped  under\n          legally issued and valid export license or visa.'\n\n      and;\n\n      2. Article 13 of the License Agreement shall be deleted in its entirety.\n\n      3. The Third Party Manufacturing Agreement incorporated into the Agreement\nas Exhibit E is hereby substituted with the Third Party Manufacturing Agreement\nattached hereto.\n\n      4. Exhibit H is hereby incorporated into the Agreement and is attached\nhereto.\n\n      5. Except as modified hereby, all other paragraphs contained therein shall\nremain in full force and effect and nothing contained herein shall alter them in\nany way and are hereby in all respects ratified and confirmed.\n\n\n      IN WITNESS WHEREOF, the parties have executed this Amendment as of the\ndate first written above.\n\nTOMMY HILFIGER LICENSING, INC.      PEPE JEANS USA, INC.\n\n\nBY: \/s\/ Virginia M. Cleary          BY: \/s\/ Arthur Bargonetti\n\nNAME: Virginia M. Cleary            NAME:  Arthur Bargonetti\n\nTITLE: Assistant Secretary          TITLE: Executive Vice President\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7775],"corporate_contracts_industries":[9396],"corporate_contracts_types":[9613,9616],"class_list":["post-42474","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-hilfiger-tommy-corp","corporate_contracts_industries-consumer__clothing","corporate_contracts_types-operations","corporate_contracts_types-operations__ip"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42474","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42474"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42474"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42474"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}