(g) If the Lessees default in the performance of any covenant of this lease, the Lessor may effect 9. Should the leased premises be assessed for taxation at a higher rate than they are assessed at the present time, on account of the improvements which the Lessees make in the premises, the difference in the amount between the taxes as they now are, and what they will be at the assessed higher value shall be paid by the Lessees annually during the term of this lease, notwithstanding the provisions of subparagraph (c) of paragraph 5 above. The Lessees or their assigns shall have 10. the right at their option to purchase the leased premises for the sum of Two Hundred Seventy Five Thousand Dollars ($275,000) at any time during the three-year term of this lease; provided, however, that said option must be exercised not less than seventy-five (75) days prior to the end of the term hereof and, provided further, that said option shall not be exerciseable if the Lessees are in default hereunder. In case the Lessees shall elect to purchase the leased premises the election shall be signified by written notice served upon the Lessor within the time above limited and specifying a transfer date not in excess of ninety (90) days thereafter, and the Lessor shall within the time specified convey to Lessees the fee simple title to said premises together with a policy of title insurance. 11. If the Lessees do not exercise the option provided for in paragraph 10 above or if the leased premises revert to the Lessor on any other contingency provided for herein, the Lessor shall have the option to purchase any parking facility constructed by the Lessees adjacent to and for use in connection with the leased premises, together with all leases, easements, rights of way and all other rights appurtenant to said facility, for an amount equal to the Lessees' cost therefor, less depreciation to the date of purchase by Lessor. 12. If the Lessees do not exercise the option provided for in paragraph 10 above, the Lessor agrees that it will accept the United States Government as its tenant for one or two three year terms subsequent to the expiration of this lease at a rent of Twelve Thousand Nine Hundred Fourteen and 50/100 Dollars ($12,914.50) per month for the first such term and Twelve Thousand Five Hundred Twenty Nine and 50/100 Dollars ($12,529.50) for the second such term or such percentage of the fair market value of the premises at the time of attornment as is allowed by law, whichever is the lesser. 13. It is hereby agreed that the covenants, stipulations, and conditions herein contained shall inure to the benefit of and shall be binding upon the heirs and assigns of the Lessees and the successors or assigns of the Lessor. 14. All notices given hereunder shall be sent by registered mail, addressed to the Lessor at 425 Battery Street, San Francisco, California, and addressed to the Lessees at 911 East Linwood Boulevard, Kansas City, Missouri, or at such other place as may be specified by notice duly given. IN WITNESS WHEREOF, Lessor and Lesseen have caused this lease to be executed the day and year first On this 7th day of October, 1959, before me, appeared P. REID OLIVER, to me personally known, who being by me duly sworn, did say that he is the Vice President of Foremost Food & Chemical Co., a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said P. REID OLIVER acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, State of California, the day and year above written. Exhibit 42--Assigment of lease from W. D. Ray and Ralph W. Rice, Jr. with Foremost Food and Chemical Co., October 20, 1959 ASSIGNMENT OF LEASE W. D. RAY and RALPH W. RICE, JR., having heretofore entered into a lease with FOREMOST FOOD & CHEMICAL CO., a California corporation, under the terms of which said W. D. Ray and Ralph W. Rice, Jr. are lessees of the building located on lots 6, 7, 8 and 9, Block C, JAMESON'S SUBDIVISION, Kansas City, Jackson County, Missouri, locally known as 2420 Broadway, and WHEREAS, said lessees did negotiate and enter into said lease for the benefit of the Third Recon Corporation, a Missouri corporation, and said lease recognizes the intent of the lessees to assign the aforementioned lease to the Third Recon Corporation. NOW THEREFORE, for and in consideration of the Third Recon Corporation assuming all obligations of said lease and agreeing to pay the rent as therein provided, W. D. Ray and Ralph W. Rice, Jr. assign and transfer to Third Recon Corporation all of their rights, title and interest in said lease. Dated at Kansas City, Missouri this 20 day of October, 1959. |