Common use of Premises and Term Clause in Contracts

Premises and Term. 1.1. Subject to all of the terms and conditions hereof, ASI hereby provides to Logility, and Logility hereby accepts from ASI, (i) the exclusive right to use each of the Premises identified in Schedule I as exclusive to Logility, and (ii) the non-exclusive right to use in common with ASI each of the Premises identified in Schedule I as non-exclusive. In addition to the Premises identified in Schedule I, ASI may from time to time, provide Logility the right to use additional office facilities; provided, that the use of such facilities, as well as the other terms and conditions applicable to Logility's use thereof, shall be as mutually agreed in writing by ASI and Logility. Upon such agreement, all such office facilities shall be included in the term "Premises" for purposes of this Agreement. 1.2. The term of this Agreement (the "Initial Term") shall be for a period of two years commencing on the Effective Date, and ending on midnight of the date immediately preceding the second anniversary of the Effective Date (the "Expiration Date"), unless sooner terminated as hereinafter provided; provided, however, notwithstanding anything to the contrary in this Section 1, this Agreement may be terminated prior to the Expiration Date, as may be hereinafter extended, in accordance with Section 8 below. 1.3. Unless this Agreement has been sooner terminated pursuant to Section 8 below, and provided Logility is not then in default under the terms of this Agreement, the Initial Term shall be automatically extended for additional successive period(s) of one year each (each such period, a "Renewal Term" and, together with the Initial Term, the "Term"), beginning on the date immediately following the Expiration Date of the Initial Term or Renewal Term then in effect, upon the same terms, conditions, covenants and provisions as are provided in this Agreement.

Premises and Term. 1.1. Subject to all (a) In consideration of the terms mutual obligations of Landlord and conditions hereofTenant set forth herein, ASI hereby provides Landlord leases to LogilityTenant, and Logility Tenant hereby accepts takes from ASILandlord the Premises situated within the Town of Mansfield, County of Bristol, Commonwealth of Massachusetts, more particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by reference, commonly known as ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, and consisting of approximately 52,700 square feet (i) the exclusive "Premises"), located within a building consisting of approximately 58,800 square feet (the "Building"), together with the right to use each of the Premises identified in Schedule I as exclusive to Logilityuse, and (ii) the non-exclusive right to use in common with ASI each all other occupants of the Premises Building, the walkways, sidewalks and parking areas identified in Schedule I as non-exclusive. In addition on Exhibit "A," to have and to hold, subject to the Premises identified in Schedule Iterms, ASI may from time to time, provide Logility the right to use additional office facilities; provided, that the use of such facilities, as well as the other terms covenants and conditions applicable to Logility's use thereof, shall be as mutually agreed in writing by ASI and Logility. Upon such agreement, all such office facilities shall be included in the term "Premises" for purposes of this Agreement. 1.2Lease. The term of this Agreement Lease shall commence on the "Commencement Date" hereinafter set forth and shall end on August 31, 2021. (b) The Commencement Date shall be the later of (i) the date of substantial completion of the Landlord Improvements (as hereinafter defined) or (iii) fourteen (14) days after the Move-in Date (as hereinafter defined). Notwithstanding the foregoing, provided that this Lease has been fully executed and that Tenant has delivered to Landlord the LOC (as defined in Paragraph 2(b) below), the required certificate(s) of insurance, and the first monthly installment of escrow charges pursuant to Paragraph 2(a) below, and subject to Tenant's receipt of all required municipal approvals, Tenant shall have the right to access the Premises prior to the Commencement Date for the purpose of completing the work within the Premises designated as Tenant's responsibility in the scope of work, plans and construction schedule attached hereto as Exhibit "B" (collectively, the "Improvements Plans") according to the schedule set forth therein (the "Initial TermEarly Access Period") ). During the Early Access Period, all terms and conditions of this Lease shall be for in full force and effect (except Tenant's obligation to pay Base Rent and other monthly charges) and Tenant shall conduct its permitted work at its sole cost, risk and expense and in a period manner that avoids interference with the performance of two years commencing on the Effective DateLandlord Improvements. (c) Provided that this Lease has been fully executed and that Tenant has delivered to Landlord the LOC, the required certificate(s) of insurance, and ending on midnight the first monthly installment of escrow charges pursuant to Paragraph 2(a) below, and subject to Tenant's receipt of all required municipal approvals, Landlord shall use commercially reasonable efforts to have the date immediately preceding Premises in "move-in condition" (as hereinafter defined) and permit Tenant to move into the second anniversary of the Effective Date Premises by February 21, 2011 (the "Expiration Target Move-in Date"). For purposes of the Lease, the term "move-in condition" shall mean Landlord shall have completed the floor epoxy treatment in the Premises. The date upon which the Premises shall be in "move-in condition" and Landlord shall permit Tenant to commence moving into the Premises is hereinafter referred to as the "Move-In Date." From the Move-in Date through the Commencement Date, all terms and conditions of this Lease shall be in full force and effect (except Tenant's obligation to pay Base Rent and other monthly charges) and Tenant shall conduct its permitted work at its sole cost, risk and expense and in a manner that avoids interference with the performance of the Landlord Improvements. (d) Tenant acknowledges that (i) it has inspected and accepts the Premises in its as-is, where-is condition, with all faults, (ii) the Building and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in good and satisfactory condition, and (iv) no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless sooner terminated otherwise expressly set forth in this Lease). Notwithstanding anything contained in this Lease to the contrary, Landlord hereby represents to Tenant that, to Landlord's knowledge, but without independent investigation whatsoever: (i) the Building is in compliance with all applicable laws including all Environmental Laws (as hereinafter provideddefined in Paragraph 24(a) below), (ii) all utility and other systems servicing or otherwise benefiting the Premises are in compliance with all applicable laws, and (iii) the Building is structurally sound. Nothing contained in this paragraph shall operate to modify the parties' respective repair and maintenance obligations as more particularly described in Paragraphs 4 and 5 hereof. (e) Prior to the Commencement Date, Landlord, at Landlord's sole cost and expense, but subject to the Tenant Contribution (as defined below), shall in a good, workmanlike and diligent manner, and in compliance with all applicable laws, ordinances, building codes and requirements of public authorities and insurance underwriters, complete the work within the Premises in accordance with the Improvement Plans, which work (including materials, supplies, components, labor and services therefor, except for materials, supplies, components, labor and services with respect to the work expressly designated as Tenant's responsibility) (collectively, the "Landlord Improvements"). Tenant shall fully cooperate and not interfere with Landlord's performance of the Landlord Improvements, including the movement of furniture or other personal property at its sole cost and risk. As part of the Landlord Improvements, Landlord shall deliver the Premises to Tenant on the Commencement Date with all Building systems in good working condition and repair. Following the substantial completion of the Landlord Improvements, as reasonably determined by Landlord, Tenant shall deliver a payment to Landlord in the amount of One Hundred Fifteen Thousand and 00/100 Dollars ($115,000.00) (the "Tenant Contribution") to reimburse Landlord for a portion of the cost of performing the Landlord Improvements within fifteen (15) days after Tenant's receipt of an invoice therefor accompanied by reasonable supporting documentation. For purposes of Paragraphs 1(e) and (f) hereof, the terms "substantial completion" and "substantially completed" shall mean that state of completion of the Landlord Improvements which will, except for any improvements or work to be performed by Tenant, allow Tenant to utilize the Premises for its intended purpose without material interference to the customary business activities of Tenant by reason of the completion of any work being performed by Landlord; provided, however, that substantial completion cannot occur until Landlord has obtained and delivered to Tenant a temporary certificate of occupancy or its equivalent for the Premises. Substantial completion shall be deemed to have occurred notwithstanding anything that minor or insubstantial details of construction, decoration or mechanical adjustment remain to be performed. The foregoing minor or insubstantial details, commonly referred to as punchlist items, shall be completed by Landlord no later than thirty (30) days following the date of substantial completion (except for items which cannot reasonably be completed within such thirty (30) day period, which items shall be completed as promptly as practicable thereafter using diligent efforts). (f) Tenant shall have the right to commence moving into the Premises on the Move-in Date and Landlord shall use commercially reasonable efforts to substantially complete the Landlord Improvements by the fourteenth (14th) day after the Move-In Date (the "Target Commencement Date"); provided, however, if for any reason the Premises is not in "move-in condition" by the Target Move-in Date or Landlord shall not have substantially completed the Landlord Improvements by the Target Commencement Date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, except as expressly set forth herein. If the Premises is not in "move-in condition" by the Target Move-in Date or Landlord shall not have substantially completed the Landlord Improvements by the Target Commencement Date (such dates, as the same may be extended, being referred to herein as the "Deadline" or Deadlines," as applicable), subject to extensions of one (1) day for each day for Force Majeure Delays (as defined in Paragraph 22(c) below) and one (1) day for each day of delay caused by Tenant or Tenant's employees, contractors, or invitees, including Tenant's failure to timely deliver the LOC to Landlord pursuant to the contrary terms and conditions of Paragraph 2(b) below ("Tenant Delay"), Tenant shall receive two (2) additional days of free Base Rent and escrow charges for each day beyond one or both Deadlines, as applicable, that the Premises is not delivered in this Section 1the required condition, this Agreement commencing on each Deadline and continuing through the actual date of delivery in the required condition, as Tenant's sole and exclusive remedy against Landlord. In lieu of the foregoing remedy, Landlord may be terminated prior elect to provide Tenant with a credit against the Tenant Contribution in an amount equal to two (2) days of Base Rent and escrow charges for each day of delay beyond each Deadline, subject to the extensions set forth in the preceding sentence. After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, confirming the Move-In Date, Commencement Date, Expiration Date, Abatement Period (as hereinafter defined), rent schedule and such other information as the parties may reasonably request. Notwithstanding anything contained in this Lease to the contrary, no Tenant Delay shall be hereinafter extendeddeemed to have occurred to the extent that such delay results from (i) Landlord's breach of any of its obligations under this Lease, (ii) the negligent or wrongful act or omission of Landlord or of any of its agents, employees, contractors or invitees, or (iii) any matter beyond the reasonable control of Tenant. Furthermore, in accordance those situations where Tenant is not aware of the existence of a particular alleged Force Majeure or Tenant Delay, Landlord agrees to give Tenant notice of such alleged Force Majeure or Tenant Delay no later than two (2) business days after Landlord becomes aware of the existence of the same, so as to enable Tenant to promptly mitigate the impact of any such delay. For purposes of this Paragraph 1(f) only, Force Majeure Delays shall not include labor disputes, a holdover by the current tenant at the Premises or material shortages so long as, with Section 8 belowrespect to material shortages, Tenant agrees to make substitution of materials of equivalent grade and quality when and if any specified material shall not be readily and reasonably available. If Tenant fails to agree to such substitution within twenty-four (24) hours of being notified of same by Landlord, Tenant's approval of such substitution shall be deemed given. 1.3(g) This Lease shall be contingent upon and shall not take effect unless and until Landlord and the current tenant at the Premises execute an agreement to relocate such tenant from the Premises into a new space. Unless this Agreement has been sooner terminated pursuant In the event the current tenant fails to Section 8 below, and provided Logility is not then in default under execute an agreement to relocate within twenty-four (24) hours after the terms full execution of this AgreementLease, Tenant shall have the Initial Term right to terminate this Lease at any time prior to such current tenant's execution of the agreement to relocate, by giving notice thereof to Landlord. Furthermore, in the event the current tenant at the Premises fails to surrender the Premises by February 1, 2011, Tenant shall be automatically extended for additional successive period(shave the right to terminate this Lease during the time period from February 1, 2011 through and including February 4, 2011, by giving written notice thereof to Landlord. Finally, if Landlord fails to substantially complete the Landlord Improvements by that date which is sixty (60) of one year each (each such period, a "Renewal Term" and, together with the Initial Term, the "Term"), beginning on the date immediately days following the Expiration Date of Deadline, Tenant shall have the Initial Term or Renewal Term then in effect, upon the same terms, conditions, covenants and provisions as are provided in right to terminate this Agreement.Lease within two

Premises and Term. 1.1. Subject A. Lessor, in consideration of the rents to all of be paid and the covenants and agreements to be performed by Lessee and upon the terms and conditions hereofhereinafter contained, ASI hereby provides leases to LogilityLessee, who hereby hire and Logility takes from Lessor and hereby accepts from ASI, (i) the exclusive right covenants and agrees to use pay rents and to observe and perform each and all of the Premises covenants and agreements herein and upon and subject to said terms and conditions, the premises hereinafter identified in Schedule I as exclusive to Logilityand shown on Exhibit "A" attached hereto, and (ii) the non-exclusive right to use in common with ASI each of the Premises identified in Schedule I as non-exclusive. In addition first floor of the building located at 6550 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ (▇▇reinafter referred to the Premises identified in Schedule I, ASI may from time to time, provide Logility the right to use additional office facilities; provided, that the use of such facilities, as well as the other terms "Building") said Building being located on the land (hereinafter referred to as the "Land") described in Exhibit "A" attached hereto and conditions applicable to Logility's use thereof, shall be as mutually agreed in writing hereby made a part hereof. Hallway areas used exclusively by ASI and Logility. Upon such agreement, all such office facilities Lessee shall be included in as part of the term "Premises" for purposes of this Agreement. 1.2. The term of this Agreement (the "Initial Term") This Lease shall be for a period of two years commencing commence on the Effective DateCommencement Date as hereinafter defined, and ending shall end on midnight the last day of the date immediately preceding one hundred twentieth (120) full calendar month after the second anniversary of the Effective Date (the "Expiration Commencement Date"), unless sooner terminated as hereinafter provided; provided. B. Upon the condition that there is no default by Lessee in the performance of any condition of this Lease, however, notwithstanding anything to Lessee may extend the contrary term of this Lease for two (2) additional terms of sixty (60) months each. Lessee shall exercise the option for an extended term by notifying Lessor in this Section 1, this Agreement may be terminated writing at least one hundred eighty (180) days prior to the Expiration Date, as may be hereinafter extended, expiration of the then current term. Time is of the essence in accordance with Section 8 below. 1.3this provision for notice. Unless this Agreement has been sooner terminated pursuant to Section 8 below, and provided Logility is not then in default under the terms of this Agreement, the Initial Term The extended term shall be automatically extended for additional successive period(s) of one year each (each such period, a "Renewal Term" and, together with the Initial Term, the "Term"), beginning on the date immediately following the Expiration Date of the Initial Term or Renewal Term then in effect, upon the same terms, conditions, covenants and provisions conditions as are provided in this AgreementLease, and the annual base rent during the extended term shall be as hereinafter set forth: C. The Commencement Date shall be May 1, 2000. On request of Lessor, Lessee shall execute and acknowledge a certificate to be furnished by Lessor setting forth the actual number of square feet of the Premises, the base annual rent therefor.

Premises and Term. 1.1. Subject In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant, if more than one, then jointly and severally, hereby accepts and leases from Landlord, that certain one-story industrial building commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ Boulevard, Buffalo Grove, Illinois 60089, which consists of approximately 63,240 square feet ("Building"), together with the real property upon which the same is situated ("Property"), and the use of the parking spaces situated on the Property, together with all rights, privileges, easements, appurtenances and immunities belonging, or pertaining thereto, (all of the terms foregoing are hereinafter collectively referred to as the "Premises"), all as more fully described on the Site Plan attached hereto as Exhibit A. A. Tenant shall have and conditions hereofhold the Premises for a term commencing on February 1, ASI hereby provides 1997, or such earlier date as Tenant is permitted to Logility, and Logility hereby accepts from ASI, (i) the exclusive right gain access to use each all or a portion of the Premises identified in Schedule I as exclusive to Logility, and (ii) the non-exclusive right to use in common with ASI each of the Premises identified in Schedule I as non-exclusive. In addition to the Premises identified in Schedule I, ASI may from time to time, provide Logility the right to use additional office facilities; provided, that the use of such facilities, as well as the other terms and conditions applicable to Logility's use thereof, shall be as mutually agreed in writing by ASI and Logility. Upon such agreement, all such office facilities shall be included in the term "Premises" for purposes of this Agreement. 1.2. The term of this Agreement (the "Initial TermCommencement Date") shall be for a period of two years commencing on the Effective Date, and ending on midnight of the date immediately preceding the second anniversary of the Effective Date (the "Expiration Date")July 31, 2003, unless sooner terminated as hereinafter provided; provided, however, notwithstanding anything to the contrary in this Section 1, this Agreement may be terminated prior to the Expiration Date, as may be hereinafter extended, in accordance with Section 8 below. 1.3. Unless this Agreement has been sooner terminated or extended pursuant to Section 8 below, and provided Logility is not then in default under the terms of this Agreement, the Initial Term shall be automatically extended for additional successive period(s) of one year each any provision hereof (each such period, a "Renewal Term" and, together with the Initial Term, the "Term"), beginning . B. If this Lease shall be in full force and effect on the date immediately following the Expiration Date of the Initial Option Notice, as hereinafter defined, and on the last day of the Term, and if Tenant shall not then be in default of any of its obligations under this Lease, then, at the option of Tenant by written notice to Landlord, the Term or Renewal of this Lease may be extended beyond the Term then in effectfor one additional term of five (5) years ("Extended Term"). Tenant shall only have the right to exercise the aforementioned option by written notice ("Option Notice") to Landlord at any time from the date hereof to the date which is one hundred eighty (180) days before the expiration of the Term. If not so exercised, upon the option shall lapse. The Extended Term shall be on the same terms, conditionscovenants, covenants agreements, provisions, conditions and provisions limitations as are provided contained in this Lease Agreement.

Premises and Term. 1.11.1 Landlord hereby demises and leases to Tenant and Tenant hereby hires and takes from Landlord that certain lot or parcel situated at ▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ containing approximately 7.309 acres (the "Land") and more fully described in Exhibit A attached hereto, together with a certain building containing by agreement 98,727 sq. Subject to ft. (the "Building") and all of other improvements (including all parking areas, driveways and sidewalks) now located or hereafter erected on the terms Land. (Said Land, Building and conditions hereofother improvements are hereinafter collectively called the "Demised Premises"). TO HAVE AND TO HOLD the Demised Premises, ASI hereby provides to Logilitytogether with all rights, privileges, easements and Logility hereby accepts from ASIappurtenances thereunto belonging and attaching, (i) the exclusive right to use each of the Premises identified in Schedule I as exclusive to Logility, and (ii) the non-exclusive right to use in common with ASI each of the Premises identified in Schedule I as non-exclusive. In addition to the Premises identified in Schedule I, ASI may from time to time, provide Logility the right to use additional office facilities; provided, that the use of such facilities, as well as the other terms and conditions applicable to Logility's use thereof, shall be as mutually agreed in writing by ASI and Logility. Upon such agreement, all such office facilities shall be included in the unto Tenant for a term "Premises" for purposes of this Agreement. 1.2. The term of this Agreement (the "Initial Term") shall be for a period of two years (the Initial Term, including any extensions thereof, are sometimes hereinafter called the "Term") commencing on the Effective date hereof (the "Commencement Date, ") and ending on midnight of the date immediately preceding the second anniversary of the Effective Date April 2, 2003 (the "Expiration Date"), ) unless sooner terminated or extended as herein provided. This Lease is made upon the covenants and agreements hereinafter set forth with which the parties respectively agree to observe and comply during the Term. 1.2 So long as no Event of Default (as hereinafter provided; provideddefined) shall have occurred and be continuing, howeverTenant shall have the right to extend the Term for five additional periods of two (2) years each (each, notwithstanding anything an "Extended Term" and collectively, "Extended Terms"), the first Extended Term beginning on April 3, 2003 and continuing through April 2, 2005 and each successive Extended Term having a term as provided in Section 2.1 below. Each Extended Term shall be on the same terms and conditions as are contained herein, except that there shall be one (1) less Extended Term remaining each time Tenant extends the Term and Rent during each Extended Term shall be as provided in Section 2.1. Tenant shall exercise each such right to extend by giving notice thereof to Landlord not later than April 2 of the contrary in this Section 1, this Agreement may be terminated year that is three hundred sixty-five (365) days prior to the Expiration Date, as may be hereinafter extended, in accordance with Section 8 below. 1.3. Unless this Agreement has been sooner terminated pursuant to Section 8 below, and provided Logility is not then in default under commencement of the terms of this Agreement, next such Extended Term (the Initial Term shall be automatically extended for additional successive period(s) of one year each (each such period, a "Renewal Term" and, together with the Initial Term, the "TermNotice Date"), beginning on the date immediately following the Expiration Date of the Initial Term or Renewal Term then in effect, upon the same terms, conditions, covenants and provisions as are provided in this Agreement.