Exhibit 10.4
AMENDMENT TO CONSULTING
AGREEMENT
Dated as of May 17,
2009
WHEREAS, Casual Male Retail Group,
Inc. (formerly Designs, Inc., the “Corporation”) and
Jewelcor Management, Inc. (the “Independent
Contractor”) entered into a certain Consulting Agreement
dated April 29, 2000, as amended by Letter Agreement dated
April 28, 2001, by Letter Agreement dated April 28, 2002,
by Amendment to Consulting Agreement dated April 29, 2003, by
Amendment to Consulting Agreement dated April 26, 2004, by
Amendment to Consulting Agreement dated August 26, 2004, by
Amendment to Consulting Agreement dated June 15, 2005, as
amended by Letter Agreement dated May 26, 2006, by Letter
Agreement dated April 29, 2007 and by Amendment to Consulting
Agreement dated September 8, 2008 (hereinafter referred to as
“the Agreement”), and
WHEREAS, Corporation and Independent
Contractor wish to amend, modify and/or restate certain terms,
provisions, conditions and covenants of the Agreement.
NOW THEREFORE, for and in
consideration of the foregoing, the mutual promises and covenants
set forth in this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
expressly acknowledged, the Corporation and Independent Contractor
hereby agree to amend the Agreement as follows:
1. Term of
Agreement.
The term of the Agreement shall
expire on April 29, 2011. The term can be further extended
only by agreement of both the Corporation and Independent
Contractor. For the sake of clarity
