Salesforce.com 2010 Annual Report Download - page 223

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.
SUCH FAILURE CONSTITUTES A DEFAULT BY SELLER UNDER THIS AGREEMENT, THEN BUYER SHALL BE ENTITLED TO SEEK ALL
REMEDIES AVAILABLE TO BUYER, AT LAW OR IN EQUITY, INCLUDING AN ACTION FOR EQUITABLE RELIEF. SELLER HEREBY AGREES
THAT THE PROPERTY IS UNIQUE AND THAT IF SELLER FAILS TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE
PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT BY SELLER UNDER THIS AGREEMENT, SUCH
FAILURE COULD CAUSE IRREPARABLE HARM TO BUYER. ACCORDINGLY, SELLER AGREES THAT EQUITABLE RELIEF IS A PROPER
AND FAIR REMEDY FOR SUCH FAILURE. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE
PROVISIONS OF THIS PARAGRAPH 20 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
Seller's Initials Buyer's Initials
21. Casualty or Condemnation Before Close of Escrow. Seller shall notify Buyer of any casualty to the Land that occurs before the Close of Escrow or
any condemnation proceeding that is commenced before the Close of Escrow promptly after Seller's receipt of written notice of such casualty or
condemnation proceeding. If any such casualty or condemnation proceeding relates to or may result in the loss of more than ten percent (10%) of the Land,
Buyer may elect, at its option, either to: (a) terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be returned to Buyer and
neither Party shall have any further rights or obligations hereunder, or (b) continue this Agreement in effect, in which event Buyer shall be entitled, upon the
Close of Escrow, to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding and there shall be no
adjustment to the Purchase Price.
22. Buyer's Insurance Requirements. Prior to the Close of Escrow, Buyer shall maintain at all times the insurance coverages required to be carried
pursuant to the Inspection Agreement. Buyer's compliance with such insurance requirements shall in no way relieve or decrease the liability of Buyer under its
indemnity obligations contained in this Agreement or the Inspection Agreement.
23. Notices. All notices, requests, approvals, demands, directions, or other communications required or permitted under this Agreement (generally,
"Notices") shall be in writing, and shall be personally delivered, sent by a reputable overnight courier service, sent by registered or certified mail (postage
prepaid, return receipt requested), or sent by telecopy or facsimile and shall be deemed received upon the earlier of (a) if personally delivered or sent by
overnight courier, the date of delivery to the address of the Party to receive such Notice, (b) if mailed, the date of delivery as shown on the sender's registry or
certification receipt, or (c) if sent by telecopy or facsimile, the date and time transmission and receipt are confirmed if such time is prior to 6:00 p.m., and the
next business day if such time is after 6:00 p.m. (using the time in effect at the address of the Party to receive such Notice). A copy of any Notice sent by
telecopy
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