SECOND AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AND LICENSE
AGREEMENT
This Second
Amendment (this “Second Amendment”) to the Amended and
Restated Development and License Agreement dated effective as of
February 13, 2003, as amended (the “Agreement”) is made
and entered into effective as of December 21, 2007, by and between
The Gillette Company, a Delaware corporation (“The Gillette
Company,” and collectively with its Affiliates,
“Gillette”), and Palomar Medical Technologies, Inc., a
Delaware corporation (“Palomar Medical Technologies,
Inc.,” and collectively with its Affiliates,
“Palomar”). Gillette and Palomar are sometimes referred
to herein individually as a “party” and
collectively as the “parties.”
W I T N E S S E T H:
WHEREAS
, Gillette and Palomar are entering into this Second Amendment to
amend the Agreement on the terms and conditions set forth
herein;
NOW,
THEREFORE, in consideration of the foregoing premises, the
mutual promises and covenants of the parties contained herein, and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto, intending to
be legally bound, do hereby agree as follows:
Section 1. Capitalized terms used without
definition in this Second Amendment have the meanings assigned to
them in the Agreement.
Section 2. The term “Second Decision
Point” as defined in Appendix A of the Agreement is hereby
deleted in its entirety and replaced with the following:
“Second Decision Point”
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