Salesforce.com 2010 Annual Report Download - page 227

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.
28.3 Oil Company Agreements. Buyer acknowledges that the Land is subject to the Oil Company Agreements, which, among other things,
provide for (a) the excavation and off-site disposal of soils within the Land found to be contaminated by separate phase hydrocarbons and for the settlement of
all claims related to such contaminated soils, (b) the monitoring of groundwater under the Land (including, but not limited to, the installation or relocation of
monitoring wells on the Land), and (c) the continued access to the Land as necessary to perform any work to be performed by the Oil Companies under the
Oil Company Agreements. Buyer acknowledges that Buyer received and reviewed, before the Termination Deadline, copies of the Oil Company Agreements.
28.4 Environmental Inquiry. Buyer acknowledges that Seller has made available to Buyer, for Buyer's inspection, a copy of all of the
Environmental Reports.
28.5 Environmental Covenant Disclosure. Buyer acknowledges that Buyer received and reviewed, before the Termination Deadline, a copy of the
Environmental Covenant. Buyer acknowledges that the Land is subject to the Environmental Covenant, and Buyer hereby covenants to comply with such
Environmental Covenant from and after the Close of Escrow. Without limiting the generality of the foregoing, the Environmental Covenant requires all
Owners and Occupants (as therein defined) to include the following statement in all purchase agreements or leases relating to the Property:
"(i) The land described herein may contain hazardous materials in soils and in the ground water under the property, and is
subject to the following deed restrictions (collectively, the "Covenant and Restriction"): (A) Covenant and Environmental
Restriction on Property dated as of February 23, 2000, and recorded in the Official Records on March 21, 2000, as Document
No. 2000-G748552-00, Reel H598, Image 172 (affects Parcel One of the Land), and (B) Covenant and Environmental Restriction on
Property dated as of February 3, 2000, and recorded in the Official Records on March 21, 2000, as Document No. 2000-
G748551-00, Reel H598, Image 171 (affects Parcel Two of the Land). The Covenant and Restriction imposes certain covenants,
conditions, `and restrictions on usage of the property described herein. This statement is not a declaration that a hazard exists.
(ii) In all future leases, licenses, permits, or other agreements between, on the one hand, an Owner or Occupant, and, on the
other hand, another entity, which authorizes such entity to undertake or to engage in activities that are subject to one or more
requirements set forth in the Risk Management Plan (RMP), the contracting Owner or Occupant will provide a copy of the RMP or
its relevant provisions prior to execution of such agreements and ensure that such agreements contain covenants that (a) such entity
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