Salesforce.com 2010 Annual Report Download - page 258

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.
1.86 "Development Costs Reimbursement" means a sum equal to Five Million Dollars ($5,000,000.00), which Seller shall accept as full
reimbursement of the Development Costs.
1.87 "Development Entitlements" means those documents and materials governing development of the Property listed on Exhibit B attached
hereto.
1.88 "Discretionary Approvals" has the meaning set forth in Paragraph 7.1.4(a) below.
1.89 "Diversity Program" has the meaning set forth in Paragraph 30.2 below.
1.90 "Easement Agreement" means that certain Easement Agreement (Permanent Access and Parking Easement) (Mission Bay South –
Blocks 26, 26a, 27, & 28) recorded in the Official Records on December 14, 2007, as Document No. 2007-I502747, as the same may be amended from time
to time. Pursuant to the Easement Agreement, the Blocks 26-27 Owners have been granted perpetual non-exclusive easements solely for the purposes of
(x) parking passenger vehicles in eight hundred thirty (830) of the marked spaces within the Garage, and (y) parking bicycles in forty-four (44) of the marked
spaces within the Garage.
1.91 "Effective Date" means the date this Agreement is executed and delivered by both Seller and Buyer.
1.92 "Environmental Covenant" has the meaning set forth in Paragraph 2(d) of each applicable Inspection Agreement.
1.93 "Environmental Laws" means any and all federal, state, or local environmental health and/or safety laws, regulations, standards, decisions of
courts, ordinances, rules, codes, orders, decrees, directives, guidelines, plans, risk management plans, recorded property covenants, and/or restrictions,
permits, or permit conditions currently existing relating to the environment or to any Hazardous Materials (including, without limitation, the Risk
Management Plan and the Environmental Covenant) that are applicable to the Land.
1.94 "Environmental Reports" means all environmental reports in Seller's possession or control regarding the Land and/or the Garage Site and all
"no further action" or similar letters issued by any applicable Governmental Authority in connection with Hazardous Materials in, on, or under the Land and/
or the Garage Site, all as listed on Exhibit G attached hereto.
1.95 "Escrow" means an escrow to be opened with Escrow Holder to facilitate the transactions contemplated in this Agreement.
1.96 "Escrow Holder" means First American Title Insurance Company.
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