8. The Concessionaire shall keep the premises clear and free of rodents, bugs and vermin, and if necessary join with other concessionaires in the Government Building and bear his part of the expenses of a general extermination. 9. The Concessionaire shall not use the premises for sleeping apartments or for lodging rooms, or for cooking, except when, in the opinion of the Agent said cooking is a part of, and is necessary for operating and conducting the herein above described business. 10. The Concessionaire shall maintain and keep in repair the interior of the hereinabove specified premises, and make such repairs and alterations as may be caused or required by the use of the premises by the Concessionaire. In general, the Agent will maintain the heating equipment, the basic electrical lines, and the plumbing lines and fixtures which are provided with the building. The Concessionaire will be responsible for all other equipment attached to the basic facilities furnished by the Agent. 11. The Concessionaire shall not install any interior or exterior electrical lines or fixtures, plumbing, shades or awnings, or any interior or exterior decorations, or painting, or build any fences or anything of the above nature whatsoever without the prior written consent of the Agent. 12. The water and wash closets and urinals shall not be used for any purpose other than that for which they were constructed. The expense of any breakage, stoppage, or damage resulting from a violation of this rule shall be borne by the Concessionaire who shall, or whose employees or agents shall have caused it. 13. The Concessionaire, his employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron work, without the prior written consent of the Agent. 14. The Concessionaire, in bringing into the building, taking therefrom or moving thereon of furniture, fixtures or supplies, when of large weight or bulk, shall do or cause the same to be done at such times as the Agent shall specify. All damage to the building caused by any such taking in, removing or moving shall be repaired at the expense of the Concessionaire. 15. The Agent shall have the right to close the building whenever it may be necessary to comply with any law or regulation issued by lawfully constituted authority, or whenever, in case of public disturbance or other events, the Agent in its discretion decides the closing is for the best interests of the Government. 16. The Concessionaire and his employees shall comply with such regulations relating to parking, loading and unloading of vehicles as may be established from time to time by the Agent or the Government. 17. The Government and the Agent reserve the right at any time to build adjoining this building and reserve the right to close any skylights or windows, and to run either pipes or conduits or both through the premises. 18. In case of difference between this Appendix "B" and the Concession Agreement of which the same is a part the provisions of the Concession Agreement shall govern. (Plans showing location of Taylor's Department Store, Oak Ridge, have been omitted and are on file in the offices of the Joint Committee on Atomic Energy.) [Typed:] WMB 1/12/48 [Penned notations:] JWM 1-28-48 [Copy No. 4] LCM 2/9/48 Principal Contract No. W-7401 eng-115 SUPPLEMENTAL AGREEMENT This Supplemental Agreement entered into this 6th day of January 1948, by and between Roane-Anderson Company, a corporation organized and existing under the laws of the State of Tennessee (hereinafter called the "Agent"), and Taylor's Oak Ridge Corporation, incorporated under the laws of the State of Tennessee (with the Darling Stores Corporation, a New Jersey Corporation, whose address is 370 Seventh Avenue, New York 1, N. Y., as Guarantor) trading as "Taylor's of Oak Ridge" in the State of Tennessee (hereinafter called the "Concessionaire"), Witnesseth that: Whereas, on the 9th day of July 1946, the parties hereto entered into Concession Agreement No. RA 24 C, under Principal Contract No. W-7401 eng-115 with the United States of America to conduct à General Retail Department Store in Oak Ridge, Tennessee; and Whereas said Concession Agreement has been amended by Modification No. 1; and Whereas the Concessionaire desires to exercise its option to renew for one year in accordance with Section 21, Renewal, of said Concession Agreement; and Whereas the Government desires to transfer the privilege of occupying warehouse space used by the Concessionaire in the west wing of Adams Cafeteria, Adams Lane, to the building formerly known as Super Market, on Chicago Avenue Gamble Valley Section, Oak Ridge, Tennessee; and Whereas said relocation is for the convenience of the Government, and the Concessionaire moves at the request of the Government upon shorter notice than that provided for in said Concession Agreement; and Whereas it is found advantageous and in the best interest of the parties hereto to further modify said Concession Agreement as hereinafter provided: Now, therefore, the parties hereto do mutually agree that the said Concession Agreement shall be and the same is hereby modified in the following particulars but in no other: 1. Section 1, Term of Concession, is modified by deleting the words "ending on the 31st day of August, 1947" and by substituting therefor the following; effective September 1st, 1947 "ending on the 31st day of August, 1948". 2. Section 1, Term of Concession, is further modified by deleting all that portion of the first sentence commencing with the words "in the premises described as" and by substituting therefor the following; effective October 20, 1947 "in the premises described as Shop 101, Building No. 4, Group No. 2 on Broadway, and the building formerly known as Super Market located on Chicago Avenue, Gamble Valley, two Government Buildings at Oak Ridge, Tennessee, as outlined in red on the plans attached to the basic Agreement, marked Appendix "A" and Apendix "C" respectively and made a part hereof. It is understood and agreed that upon proper certification the Agent and/or the Government will pay one-half of the cost of relocation namely One Hundred and Thirty-five Dollars ($135.00).' This Supplemental Agreement shall be subject to the written approval of the Contracting Officer defined in said Concession Agreement and shall not be binding unless so approved In witness whereof, the parties hereto have executed this Agreement as of the day and year first above written. ROANE-ANDERSON COMPANY, L. C. MACNEAL, Project Manager. This instrument was executed by L. C. Macneal for and on behalf of the RoaneAnderson Company pursuant to a Power of Attorney dated August 4, 1947, effective September 1, 1947, now on file in the office of the United States Atomic Energy Commission, Oak Ridge, Tennessee. I, J. Berman, certify that I am the Assistant Secretary of the Corporation named as Concessionaire herein, that B. Silbert who signed this Agreement on behalf of the Concessionaire was then Assistant Treasurer of said corporation; that said Agreement was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. In witness whereof, I have hereunto affixed my hand and the seal of said corporation this 6th day of January 1948. J. BERMAN, Assistant Secretary. Approved: L. PAUL MCDOWELL, Contracting Officer's duly Authorized Representative. [Copy No. 4] Principal Contract No. W-7401 eng-115 SUPPLEMENTAL AGREEMENT This Supplemental Agreement entered into this 6th day of July, 1948, by and between Roane-Anderson Company, a corporation organized and existing under the laws of the State of Tennessee, acting as Agent for the United States of America under Principal Contract No. W-7401 eng-115 with the United States of America (hereinafter called the "Agent") and Taylor's Oak Ridge Corporation, incorporated under the laws of the State of Tennessee (with the Darling Stores Corporation, a New Jersey Corporation, whose address is 370 Seventh Avenue, New York 1, N. Y., as Guarantor) trading as Taylor's (hereinafter called the "Concessionaire"), Witnesseth that: Whereas, on the 9th day of July, 1946, the parties hereto entered into Concession Agreement No. RA 24 C, to conduct a General Retail Department Store in Oak Ridge, Tennessee; and Whereas said Concession Agreement has been amended by Modifications Nos. 1 and 2; and Whereas the Concessionaire desires to exercise its option to renew for one year in accordance with Section 21, Renewal, of said Concession Agreement; and Whereas it is found advantageous and in the best interest of the parties hereto to further modify said Concession Agreement as hereinafter provided: Now, therefore, the parties hereto do mutually agree that the said Concession Agreement shall be and the same is hereby modified in the following particulars but in no other: a. Section 1, Term of Concession, as amended, is further modified by deleting the words "ending on the 31st day of August, 1948" and substituting the following therefore: "ending on the 31st day of August, 1949". b. Section 6, Stock, Fixtures and Equipment to be Installed is modified by deleting subsection C in its entirety. c. Section 22. Termination is deleted in its entirety and the following substituted therefore: "22. Termination.-Either party hereto may terminate this Concession Agreement at any time by giving 90 days prior written notice to the other party in accordance with Section 19 hereof, or this Agreement may be terminated at any time upon terms mutually agreed upon by the parties." This Supplemental Agreement shall be subject to the written approval of the Contracting Officer defined in said Concession Agreement and shall not be binding unless so approved. In witness whereof, the parties hereto have executed this Agreement as of the day and year first above written. ROANE-ANDERSON COMPANY, As Agent for the United States of America. (Signed) L. C. Macneal, (Typed) L. C. MACNEAL, Project Manager. This instrument was executed by L. C. Macneal for and on behalf of the RoaneAnderson Company pursuant to a Power of Attorney dated August 4, 1947, effective September 1, 1947, now on file in the office of the United States Atomic Energy Commission, Oak Ridge, Tennessee. Witnesses for Roane-Anderson Company: DOROTHY P. RAY, Oak Ridge, Tenn. CLAIRE L. DORAN, Oak Ridge, Tenn. TAYLOR'S OAK RIDGE CORPORATION, By STANLEY ROTH. Witnesses for Concessionaire: SYLVIA WEINBERG, New York City, N. Y. ARTHUR TIERNEY, New York City, N. Y. I, Charles Gass, certify that I am the Assistant Secretary of the Corporation named as Concessionaire herein, that Stanley Roth, who signed this Agreement on behalf of the Concessionaire was then Vice President of said Corporation; that said Agreement was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. In witness whereof, I have hereunto affixed my hand and the seal of said Corporation this 31st day of August 1948. Approved: CHARLES GASS. L. PAUL MCDOWELL, Contracting Officer's duly Authorized Representative.. [Copy No. 3] Principal Contract No. W-7401 eng–115 SUPPLEMENTAL AGREEMENT This Supplemental Agreement entered into this 26th day of August, 1949, by and between Roane-Anderson Company, a corporation organized and existing under the laws of the State of Tennessee, acting as Agent for the United States of America under Principal Contract No. W-7401 eng-115 with the United States of America (hereinafter called the "Agent"), and Taylor's Oak Ridge Corporation, a corporation organized and existing under the laws of the State of Tennessee (with the Darling Stores Corporation, a New Jersey Corporation, whose address is 370 Seventh Avenue, New York 1, N. Y., as Guarantor) trading as Taylor's (hereinafter called the "Concessionaire”), Witnesseth that: Whereas, on the 9th day of July, 1946, the parties hereto entered into Concession Agreement No. RA 24-C, for the conducting by the Concessionaire of a General Retail Department Store in Oak Ridge, Tennessee; and Whereas said Concession Agreement has been amended by Modifications Nos. 1, 2, and 3; and Whereas the parties hereto desire to extend the term of said Concession Agreement; and Whereas it is found advantageous and in the best interest of the parties hereto to further modify said Concession Agreement as hereinafter provided. Now, therefore, the parties hereto do mutually agree that the said Concession Agreement shall be and the same is hereby further modified in the following particulars but in no other, effective September 1, 1949. a. Section 1, Term of Concession, as modified, is further modified by deleting the words "ending on the 31st day of August, 1949" and substituting the following therefor: "ending on the 31st day of January, 1950”. b. Section 21, Renewal is deleted in its entirety. This Supplemental Agreement shall be subject to the written approval of the Contracting Officer defined in said Concession Agreement and shall not be binding unless so approved. In witness whereof, the parties hereto have executed this Agreement as of the day and year first above written. ROANE-ANDERSON COMPANY, As Agent for the United States of America. (Signed) L. C. Macneal, (Typed) L. C. MACNEAL, Project Manager. This instrument was executed by L. C. Macneal for and on behalf of the RoaneAnderson Company pursuant to a Power of Attorney dated August 4, 1947, effective September 1, 1947, now on file in the office of the United States Atomic Energy Commission, Oak Ridge, Tennessee. Witnesses for Roane-Anderson Company: I, Charles Gass, certify that I am the Assistant Secretary of the Corporation named as Concessionaire herein, that Stanley Roth, who signed this Agreement on behalf of the Concessionaire was then Vice President of said Corporation; that said Agreement was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. In witness whereof, I have hereunto affixed my hand and the seal of said Corporation this 31st day of August 1949. Approved: CHARLES GASS. L. PAUL MCDOWELL, Contracting Officer's duly Authorized Representative. EXHIBIT 2 (Referred to on p. 34) COURT OPINION' IN INJUNCTION SUIT BY THE UNITED STATES AGAINST TAYLOR'S OAK RIDGE CORP. Filed Feb. 23, 1950 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE-NORTHERN DIVISION Civil No. 1387 United States of America, Plaintiff, vs. Taylor's Oak Ridge Corporation, Defendant Suit was commenced by plaintiff to enjoin defendant from continuing an allegedly unlawful possession of certain department store facilities located at Oak Ridge, Tennessee, and to recover a balance of compensation due for the use of certain chattels and damages for unlawful retention of possession of the realty. Defenses urged are prematurity of suit, lack of jurisdiction of the subject matter, improper choice of remedy, and denial of illegal or wrongful possession. Defendant entered into possession of the realty pursuant to a written contract executed July 9, 1946, which, after extensions, expired by its terms January 31, 1950. It provided that within 15 days after expiration, the defendant should have removed its merchandise from Oak Ridge. Defendant has insisted that the contract was one of lease, hence subject to the State law of landlord and tenant, but the instrument describes itself as a concession agreement and the defendant as a concessionaire, and the control over the business of the conces |