Salesforce.com 2010 Annual Report Download - page 219

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.
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 Hazardous Materials at, on, about, under, or within any part of the Land or with respect to any past,
present, or future violations of any Applicable Laws, now or hereafter enacted, regulating or governing the use, handling, storage, release, or disposal of
Hazardous Materials at, on, about, under, or within any part of the Land, including, without limitation, (a) any and all rights Buyer or such Transferees may
now or hereafter have to seek contribution from Seller under Section 113(f)(i) of the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. §9613), as the same may be further
amended or replaced by any similar law, rule, or regulation, (b) any and all rights Buyer or such Transferees may now or hereafter have against Seller under
the Carpenter-Presley-Tanner Hazardous Substances Account Act (California Health and Safety Code, Section 25300 et seq.), as the same may be further
amended or replaced by any similar law, rule, or regulation, (c) any and all Claims, whether known or unknown, now or hereafter existing, under Section 107
of CERCLA (42 U.S.C.A. §9607), with respect to any part of the Land, and (d) any and all Claims regarding Hazardous Materials at, on, about, under, or
within any part of the Land, whether known or unknown, based on nuisance, trespass, or any other common law or statutory provisions (provided, however,
that the foregoing waiver and release shall not apply to any Claims that may arise as a result of any acts or omissions of any Seller Party after the Closing
Date). Notwithstanding the generality of the foregoing waiver and release, until the Complete Release Date such waiver and release shall not apply to or cover
any Claims arising from any of the following ("Release Exception Claims"): (i) any fraud committed by any Seller Party in connection with the transactions
contemplated in this Agreement; (ii) any intentional, reckless, or grossly negligent failure or refusal by any Seller Party to deliver or make available to Buyer
any files or documents relating to the Property in Seller's possession or control that could have a material effect on a reasonably prudent buyer's decision
whether to buy the Property; (iii) any intentional, reckless, or grossly negligent violation of any Applicable Laws committed by any Seller Party with respect
to the Property and/or the transactions contemplated in this Agreement; (iv) any intentional, reckless, or grossly negligent act committed by any Seller Party
that results in material physical waste to the Land; or (v) any breach of a representation or warranty contained in Paragraph 16 above. If, however, Buyer has
actual knowledge as of the Closing Date of the existence of any specific Release Exception Claim and Buyer nonetheless closes the transactions contemplated
in this Agreement and
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