EXHIBIT 10.4
FOURTH AMENDMENT TO
LEASE AND SUBLEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AND SUBLEASE AGREEMENT (the "Amendment")
is made and entered into this 27th day of February, 1996, by and between
Xxxxx'x Food & Drug Centers, Inc., a Delaware corporation qualified to do
business in the state of Nevada (hereinafter called "Smiths") and Anchor
Coin, a licensed slot route operator in the State of Nevada (hereinafter
called "Anchor").
W I T N E S S E T H:
WHEREAS, Xxxxx'x and Anchor entered into that certain Lease and Sublease
Agreement dated July 28, 1993, whereby Xxxxx'x leases or subleases space to
Anchor within those certain properties listed on Exhibit "A" to the Agreement
and identified as either "Leased Properties" or "Owned Properties", for the
operation of certain gaming devices, which Agreement was amended by that
certain First Amendment to Lease and Sublease Agreement dated June 30, 1994;
that certain Second Amendment to Lease dated January 25, 1995 and that
certain Third Amendment to Lease dated March 28, 1995 (collectively, the
"Agreement"); and,
WHEREAS, Xxxxx'x and Anchor now desire to further amend the Agreement in
certain respects by extending the term of the Agreement;
NOW, THEREFORE, in consideration of the mutual convenants and agreements
contained herein, Xxxxx'x and Anchor hereby agree as follows:
1. EXTENSION OF AGREEMENT. In consideration of the sum of an
additional Five Million and no/100 Dollars ($5,000,000.00) to be paid by
Anchor to Xxxxx'x on or before
February 28, 1996, Xxxxx'x agrees to extend the term of the Agreement for
five (5) additional years. The Agreement shall expire on December 31, 2010.
2. MISCELLANEOUS. This Amdendment shall be binding upon the parties
hereto and their administrators, trustees, successors and assigns. The
individuals executing this Amendment represent and warrant that they are duly
empowered so to do and have authority to bind their respective party. The
Agreement remains in full force and effect and remains unmodified except to
the extent specifically amended herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the date
and year first above written.
"XXXXX'X"
XXXXX'X FOOD & DRUG CENTERS, INC.
By: [ILLEGIBLE]
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Its Chairman
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"ANCHOR"
ANCHOR COIN
By: /s/ Xxxxxxx Xxxxxx
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Its Chairman
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