ASSET PURCHASE AND SALE AGREEMENT BY AND BETWEEN ARIBA, INC. and ACCENTURE LLP and ACCENTURE GLOBAL SERVICES LIMITED October 5, 2010Asset Purchase and Sale Agreement • November 23rd, 2010 • Ariba Inc • Services-prepackaged software • Delaware
This ASSET PURCHASE AND SALE AGREEMENT (the “Agreement”) is entered into as of October 5, 2010 by and among Ariba, Inc., a Delaware corporation (“Seller”), Accenture LLP, an Illinois general partnership registered as a limited liability partnership (“U.S. Buyer”) and Accenture Global Services Limited, a private company with limited liability incorporated in Ireland (“IP Buyer” and together with U.S. Buyer, “Buyers”). Seller, U.S. Buyer and IP Buyer are sometimes referred to herein individually as a “Party” and together as the “Parties”. As used in this Agreement, the terms set forth in Article X will have the respective meanings set forth therein and other terms used in this Agreement are defined in the context in which they are used and will have the meanings therein indicated.
FIRST AMENDMENT TO LEASELease • November 23rd, 2010 • Ariba Inc • Services-prepackaged software
THIS FIRST AMENDMENT TO LEASE is made this 30th day of March, 1999, by and between ONE OLIVER ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited partnership, whose address is c/o Kojaian Management Corporation, 1400 North Woodward, Suite 250, Bloomfield Hills, Michigan 48304-2876 (hereinafter referred to as “Landlord”) and FREEMARKETS ONLINE, INC., a Delaware corporation, whose address is 130 Seventh Street, Century Building, Suite 500, Pittsburgh, Pennsylvania 15222 (hereinafter referred to as “Tenant”).
OFFICE LEASE LEASE AGREEMENT dated as of October 21, 1998 by and between One Oliver Associates Limited Partnership as Landlord and FREEMARKETS ONLINE, INC., as TenantLease Agreement • November 23rd, 2010 • Ariba Inc • Services-prepackaged software • Pennsylvania
Landlord’s Address for Notices: One Oliver Associates Limited Partnership, c/o Kojaian Management Corporation, 1400 N. Woodward, Suite 250, Bloomfield Hills, MI 48304
THIRD AMENDMENT TO LEASELease • November 23rd, 2010 • Ariba Inc • Services-prepackaged software
THIS THIRD AMENDMENT TO LEASE is made this 13th day of March, 2000, by and between ONE OLIVER ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited partnership, whose address is c/o Kojaian Management Corporation, 1400 North Woodward, Suite 250, Bloomfield Hills, Michigan 48304-2876 (hereinafter referred to as “Landlord”) and FREEMARKETS, INC., a Delaware corporation, whose address is 210 Sixth Avenue, Pittsburgh, Pennsylvania 15222 (hereinafter referred to as “Tenant”).
SECOND AMENDMENT TO LEASELease • November 23rd, 2010 • Ariba Inc • Services-prepackaged software
THIS SECOND AMENDMENT TO LEASE is made this day of June, 1999, by and between ONE OLIVER ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited partnership, whose address is c/o Kojaian Management Corporation, 1400 North Woodward, Suite 250, Bloomfield Hills, Michigan 48304-2876 (hereinafter referred to as “Landlord”) and FREEMARKETS ONLINE, INC., a Delaware corporation, whose address is 216 6th Avenue, Suite 2200, Pittsburgh, Pennsylvania 15222 (hereinafter referred to as “Tenant”).
