Exhibit 10.50-4


 


FOURTH AMENDMENT TO CONTRACT


 


This Fourth
Amendment to Contract (“Amendment”) is entered into by and among (i) TOLL ROAD TEXAS LAND COMPANY, L.P., a Texas limited partnership (“TTLC”), (ii) TOLLWAY 76,
L.P., a Washington limited partnership (“T76”), and (iii) THE SMITH &
WOLLENSKY RESTAURANT GROUP, INC., a Delaware corporation (“Purchaser”).  TTLC and T76 are hereinafter collectively
referred to as the “Seller”.


 


R  E  C  I
T  A  L  S  :


 


A.            Purchaser and Seller
have entered into that certain Contract of Sale, dated on or about July 19,
2002 (the “Contract”) by which Purchaser agreed to purchase certain improved
real property from Seller.  The Contract
was amended by that certain First Amendment to Contract, that certain Second
Amendment to Contract, and that certain Third Amendment to Contract.


 


B.            The parties desire to extend the
closing date.


 


NOW,
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS CONTAINED HEREIN,
THE PARTIES DO HEREBY AGREE AS FOLLOWS:


 


1.             Article IX of the Contract is
hereby amended to extend the closing to Wednesday, October 9, 2002.


 


2.             Purchaser hereby waives the
condition set forth in Article VIII B regarding the Building Permit.


 


3.             Capitalized terms which are not
defined herein shall have the same meaning as set forth in the Contract.  All provisions of the Contract shall remain
in full force and effect except as expressly modified herein.


 


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  EXECUTED on this the 7th day of October, 2002.

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  SELLER:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  TOLL ROAD TEXAS LAND COMPANY, L.P., a

  Texas limited partnership

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:  Tollway Land Company,
  L.L.C., a Washington

  limited liability company, its General Partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
  /s/ Calvin C. Chandler

  
	
   

  	
   

  	
   

  	
  Name:

  	
  Calvin C. Chandler

  
	
   

  	
   

  	
   

  	
  Its: 

  	
  Manager

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  TOLLWAY 76, L.P., a Washington limited

  partnership

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:  RAM International GP,
  LLC, a Washington

  limited liability company, its General Partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
  /s/ Jeffery B. Iverson Jr.

  
	
   

  	
   

  	
   

  	
  Name:

  	
  Jeffery B. Iverson Jr.

  
	
   

  	
   

  	
   

  	
  Its: 

  	
  Manager

  
	
   

  	
   

  	
   

  	
   

  
	
  EXECUTED on this the 7th day of October, 2002.

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  PURCHASER:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  THE SMITH & WOLLENSKY RESTAURANT

  GROUP, INC., a Delaware corporation

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
  /s/ James M. Dunn

  
	
   

  	
   

  	
   

  	
  Name:

  	
  James M. Dunn

  
	
   

  	
   

  	
   

  	
  Its:

  	
  President

  
									



 


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