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This excerpt taken from the LUX 6-K filed Jun 25, 2007. NOW,
THEREFORE, in
consideration of the foregoing and the agreements set forth below, the parties
hereby agree as follows:
1. Section 7.1 of the Agreement is hereby amended and restated in its entirety as follows: “7.1 TERM. This Agreement is entered into as of the Effective Date and will continue until January 31, 2009, unless terminated earlier as provided herein. The term of this Agreement may be renewed by the Parties in writing, in each case, for successive additional one (1) year periods, unless terminated earlier as provided herein.” 2. Subsection (a) of Section 7.2 of the Agreement is hereby amended and restated in its entirety as follows: “(a) At any time after January 31, 2009, by either Oakley or Y, LLC upon at least fifteen (15) days’ prior written notice to the other Party for any reason, with or without cause; or” 3. Except as expressly modified herein, the Agreement shall remain in full force and effect in accordance with its original terms. 4. Capitalized terms that are not defined herein shall have the meanings ascribed to them in the Agreement. 5. The validity, construction and operational effect of this Amendment shall be governed by the laws of the State of California. 6. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on following page.]
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and delivered on the day and year first above written.
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