EXHIBIT 10.38
Printed in U.S.A
AGREEMENT OF LEASE
AGREEMENT OF LEASE made this 6th day of December 1998 by and between THE BUNCHER
COMPANY (hereinafter called "Landlord"), a Pennsylvania corporation having its principal place of business in
the Allegheny County, Pennsylvania and P J FOOD SERVICE, INC. (hereinafter called "Tenant"), a corporation
having its principal place of business in the City of Louisville, Jefferson County, Kentucky.
WHEREAS, Landlord has full right and power to lease pursuant hereto a certain parcel of land (the "Premises")
more particularly described in and/or shown outlined in red on Exhibit A attached hereto, upon which is erected a
portion of a building and other improvements incidental thereto (which building portion and other incidential
improvements are hereinafter called the "Improvements"); and
WHEREAS, Landlord desires to lease to Tenant and Tenant desires to take and hire from Landlord the Premises
and the improvements. (The Premises and the Improvements are sometimes hereinafter collectively called the
"Leased Premises".)
NOW, THEREFORE, WITNESSETH, That Landlord hereby demises and leases unto Tenant, and Tenant
hereby takes and hires from Landlord the Leased Premises, subject to the terms and conditions hereof.
TERM TO HAVE AND TO HOLD the Leased Premises unto Tenant for a term of five (5) years and two (2)
months commencing at 12:01 A.M. on March 1, 1999 (the "Commencement Date") and ending at 11:59 P.M.
on April 30, 2004; subject nevertheless, to the following covenants and conditions which Landlord and Tenant
respectively covenant and agree to keep and perform.
RENT
See Rider
Paragraph #2
TAXES 2. Tenant will pay to Landlord on demand and as additional See Rider rental hereunder all real estate
taxes (including taxes
Paragraph #5 levied or assessed in lieu of or as a substitution for real
estate taxes) imposed, assessed or levied upon or against the
Leased Premises during the term of this Lease.