EXHIBIT 10
AMENDMENT TO LICENSE AGREEMENT
THIS AMENDMENT is made effective July 1, 2000 by and between PORTLAND
BREWING COMPANY, an Oregon corporation ("PBC"), and R.M. MacTARNAHAN and HARMER
MILL & LOGGING SUPPLY, INC. (collectively "Owner").
RECITALS:
A. PBC and Owner are the present parties to and holders of all rights with
respect to that certain License Agreement dated July 1, 1994 (the "License
Agreement"), whereby Owner and/or its predecessors in interest licensed to PBC
certain rights with respect to certain trademarks and related rights (the
"MacTarnahan Rights").
B. Contemporaneously with execution of this Amendment, PBC is executing a
Trademark License Agreement of certain MacTarnahan Rights to THE HOLLAND, INC.
for use in connection with the marketing of a fish and chips entree at
facilities operated under the Burgerville name (the "Sublicense").
NOW, THEREFORE, the parties agree as follows.
1. The Sublicense has been reviewed by Owner and is hereby approved, and
use of the MacTarnahan Rights as set forth in the Sublicense is hereby
authorized. Owner hereby approves those specific uses identified in Exhibit B of
the Sublicense. Food products sold by PBC or sold by the sublicensee that are
marketed through use of any MacTarnahan Rights shall be deemed "PBCo
Merchandise".
2. No royalty shall be payable with respect to the use contemplated by the
Sublicense.
3. No other or further sublicense of the MacTarnahan Rights is authorized
hereby. Any additional use of the MacTarnahan Rights pursuant to the Sublicense,
other than those uses specifically identified on Exhibit B to the Sublicense,
shall require the prior written consent of Owner.
4. Except as expressly amended hereby, the License Agreement remains in
full force and effect and is hereby ratified and confirmed.
1 - TRADEMARK LICENSE AGREEMENT
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PBC: PORTLAND BREWING COMPANY, an
Oregon corporation
By: /s/ C.A. Adams
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Its: Pres
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OWNER: HARMER MILL & LOGGING SUPPLY CO.,
an Oregon corporation
By: /s/ R. Scott MacTarnahan
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Its: Vice President
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/s/ R.M. MacTarnahan
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R.M. MacTarnahan
2 - TRADEMARK LICENSE AGREEMENT
