During the course ni "amodeling all of the covenants attached form of Lease, ansept rent, shall apply to the 5. The Lose shail be in the form attasker herete. event of the option being exercised tà the lease to be prepared in deplicate in conformity web de suid form, and the lease shall be emcuted by the Lessor and the Lesses, whenever required by either party after the date of the exercise of the option; and from such as if the sm had been actually executed. IN VIDESS WEREOF, che parties hereto have placed thedr hands and sels day and year first above witten. Exhibit 40--Letter from Wayne D. Hudson, Foremost Dairies, Inc., San Foremost Dairies, Inc. Les Battery Street · San Francisco 11, California This will confirm our telephone understanding of last evening. You have an option exercisable on or before September 7, 1959 to take a lease on our building at 2420 Broadway, Kansas City, Missouri. The tera of the tease shall be for three years from and after the daté on which the premises are subleased to an agency of the United States Government, which date shall not be later than January 1, 1960. Otherwise, the terms of our arrangement shall be in accordance with the option granted by our letter of April 17, 1959,. letter of April 16, 1959. Exhibit 41--Building lease between Foremost Food and Chemical Co., a California corporation, and W. D. Ray, Kansas City, Mo., and Ralph W. Rice, Jr., Kansas City, Mo., October 7, 1959. BUILDING LEASE THIS INDENTURE, made this 7th day of October 1959, between FOREMOST FOOD & CHEMICAL CO., a California corporation, hereinafter called Lessor, and W. D. RAY, Kansas City, Missouri, and RALPH W. RICE, JR., Kansas City, Missouri, hereinafter called Lessees, WITNESS ETH: 1. In consideration of the covenants herein contained on the part of the Lessees to be observed and performed, the Lessor does hereby demise and lease unto the Lessees all that tract or parcel of land described as Lots 6, 7, 8, and 9, Block C, JAMESONS SUBDIVISION, Kansas City, Jackson County, Missouri, with the building thereon erected, for the term of three (3) years from and after the date of sublease to an agency of the United States Government, which date shall not be later than January 1, 1960, at the yearly rent of Twenty Three Thousand Four Hundred Dollars ($23,400) payable in equal monthly instalments in advance of One Thousand Nine Hundred Sixty Dollars ($1960) on or before the tenth day of each month of the term. 2. The Lessees shall be jointly and severally obligated hereunder. 3. The Lessees shall make such changes, alterations and additions as are necessary and desirable to adapt the premises for office use, all according to the specifications of the General Services Administration of the United States Government. The improvements to be made Lessees shall cost not less than Two Hundred Thousand Dollars their subtenants, provided such alterations shall not diminish the value of said improvements. 4. The Lessees jointly and severally for themselves, their heirs, executors and assigns hereby covenant as follows: (a) To insure and keep insured, during the course of this lease, in the name of the Lessor and the ($500,000), and also insure and keep insured the Twenty Three Thousand Four Hundred Dollars ($23,400) (b) Promptly pay for all gas, water, light, heat, power, telephone service and all other service supplied to the leased premises. (c) At their cost, keep and maintain the leased premises and appurtenances and every part thereof in good and sanitary order, condition and repair, hereby waiving all right to make repairs at the expense of the Lessor. By entry hereunder, Lessees accept the premises as being in good and sanitary order, condition and repair and, on the last day of the term, or sooner termination of this lease, surrender to Lessor said premises and improvements in good order and repair, reasonable use and wear excepted. (d) Keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessees. (e) Comply with all of the requirements of all municipal, state and federal authorities now or here after in force pertaining to the leased premises. (f) Permit the Lessor by its duly authorized representatives to enter upon the leased premises at all reasonable times to view the condition thereof, and permit Lessor to examine the books and records of Lessees in relation to the cost of improvements made in the leased premises. (g) Save the Lessor harmless from any and all claims, whether meritorious or not, by reason of any damages to persons or property sustained, or alleged to have been sustained, on or about the leased premises |