Salesforce.com 2010 Annual Report Download - page 157

CONFIDENTIAL TREATMENT REQUESTED
*** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
16.7 No Actions. Seller has not been served with a summons or other written notice of any legal action or proceeding against or affecting any part
of the Property, and no such legal action or proceeding is currently pending or, to Seller's knowledge, currently threatened.
16.8 Leases. There are no lease or occupancy agreements affecting any portion of the Land other than the RMC Lease, and there are no third
parties other than the current lessee under the RMC Lease who have any right to occupy any portion of the Land. The RMC Lease is in full force and effect,
and neither Seller nor the current lessee under the RMC Lease is in material default under the RMC Lease.
16.9 Hazardous Materials. Except as may be disclosed in the Environmental Reports, Seller has not received any written notice of any violations
or claims arising from Hazardous Materials with regard to the Land, and no action or proceeding based on any such violation or claim is currently being
asserted or pursued or, to Seller's knowledge, currently being threatened.
16.10 OFAC. Seller and all beneficial owners and agents of Seller (provided that this representation and warranty shall not apply to the
shareholders of any of the foregoing that is a publicly traded company) currently are (a) in compliance with (and shall at all times during the term of this
Agreement remain in compliance with) the OFAC Rules, (b) not listed on (and shall not during the term of this Agreement be listed on) the Blocked Persons
List, and (c) not a person or entity with whom a U.S. person is prohibited from conducting business under the OFAC Rules.
17. Buyer's Representations and Warranties. In consideration of Seller's execution and delivery of this Agreement, Buyer hereby makes the following
representations and warranties to Seller.
17.1 Organization. Buyer is a limited liability company, duly organized and existing in good standing under the laws of the State of Delaware and
qualified to do business in the State of California, with its principal place of business in the State of California.
17.2 Authority. Buyer has the legal right, power, and authority to enter into this Agreement and to consummate the transactions contemplated in
this Agreement. The execution, delivery, and performance of this Agreement by Buyer have been duly authorized and, except as may be expressly set forth
otherwise in this Agreement, no other action is required to the valid and binding execution, delivery, and performance of this Agreement by Buyer.
17.3 No Conflicts. Buyer's execution and delivery of this Agreement, Buyer's consummation of the transactions contemplated in this Agreement,
and Buyer's compliance with the terms of this Agreement will not conflict with, or, with or without notice or the passage of time or both, result in a breach of
any of the terms or provisions of, or constitute a default under, (a) Buyer's formation documents, (b) any indenture, deed of trust, mortgage, loan agreement,
or other instrument or agreement (oral or written) to which Buyer is a party or by which Buyer is
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