Salesforce.com 2010 Annual Report Download - page 158

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.
bound, (c) any applicable regulation of any Governmental Authority, or (d) any judgment, order, or decree of any court having jurisdiction over Buyer.
17.4 OFAC. Buyer and all beneficial owners and agents of Buyer (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.
18. Limitation on Seller's Liability For Condition of Property.
18.1 "AS IS, WHERE IS". Buyer acknowledges and agrees that Buyer is purchasing the Property in an "AS IS, WHERE IS" condition, without
relying upon any representations or warranties, express or implied, of any kind, except as expressly set forth in Paragraph 16 above. Without limiting the
above, Buyer acknowledges that neither Seller, except as expressly set forth in Paragraph 16 above, nor any other party has made any representations or
warranties, express or implied, on which Buyer is relying as to any matters, directly or indirectly, concerning the Property, including, but not limited to, the
dimensions of the Land, the improvements and infrastructure (if any), development rights and exactions, expenses, taxes, assessments, bonds, permissible
uses, title exceptions, water or water rights, topography, utilities, zoning, soil, subsoil, drainage, environmental or building laws, rules, or regulations,
Hazardous Materials, or any other matters affecting or relating to the Property.
18.2 Reliance On Buyer's Own Investigation. Buyer acknowledges and agrees that Buyer is purchasing the Property based solely upon Buyer's
own inspection of the Land and Buyer's own due diligence review and investigation of the Property, or the opportunity to perform such inspection, review,
and investigation. Buyer further acknowledges and agrees that Seller's cooperation with Buyer in connection with such inspection, review, and investigation
shall not be construed as any warranty or representation, express or implied, of any kind with respect to the Property, or with respect to the accuracy,
completeness, or relevancy of any such documents, except as expressly set forth in Paragraph 16 above.
18.3 Release; Release Exceptions. Without limiting the generality of the foregoing or any other provision of this Agreement, but subject to
Seller's express representations and warranties set forth in Paragraph 16 above, Buyer, for itself and, to the maximum extent permitted by Applicable Laws,
on behalf of its Transferees with respect to any part of or interest in the Property (which, for purposes of this Paragraph 18.3, shall include any grant of
occupancy rights for permanent improvements such as space leases), hereby expressly waives, releases, and relinquishes any and all Claims that Buyer or
such Transferees may now or hereafter have against any Seller Party, and their respective successors and assigns, whether known or unknown, with respect to
any past, present, or future presence or existence of
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