Salesforce.com 2010 Annual Report Download - page 267

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.
rights for permanent improvements such as space leases. Solely for purposes of this definition, the term "Mortgage" means any mortgage, deed of trust,
financing lease, indenture, trust agreement, reimbursement agreement, certificate of participation, collateral assignment, or other agreement or instrument
(including without limitation any derivative agreement, swap, hedge, forward purchase, or other instrument relating to any of the foregoing) creating or
evidencing a security interest in, encumbrance upon, securitization of, or lien against (a) any portion of or interest in the Property, (b) any interest in this
Agreement, (c) any ownership interest in or security of Buyer, or (d) any income, rentals, revenue, profits, or other proceeds derived from Buyer's ownership,
operation, leasing, or sale of any portion of or interest in the Property, whether as security for the repayment of a loan or the performance of an obligation or
as the creation of fractional undivided interests that are sold or pledged, directly or indirectly, or that are negatively pledged, in order to finance or refinance,
directly or indirectly, any costs of Buyer incurred in connection with Buyer's obligations under this Agreement.
1.190 "Transferee" means any natural person, corporation, firm, partnership, association, joint venture, governmental or political subdivision or
agency or any similar entity to whom a Transfer is made.
1.191 "Unavoidable Delay" means a delay that is caused by strikes or other labor disputes, acts of god, weather (to the extent different from
seasonal norms for the San Francisco Bay area), inability to obtain labor or materials despite commercially reasonable efforts (financial condition excepted),
lawsuits brought by plaintiffs who are not Affiliates of the person claiming the benefit of the Unavoidable Delay (except to the extent caused by the
negligence of the person claiming the benefit of the Unavoidable Delay), but only to the extent that an injunction or restraining order has been issued by a
court of competent jurisdiction preventing performance, atypical restrictions imposed or mandated by Governmental Authorities in issuing requisite approvals
or consents, enemy action, terrorism, civil commotion, fire, flood, earthquake, or other natural disaster or casualty, or any other unforeseeable event beyond
the reasonable control of the person claiming the benefit of the Unavoidable Delay.
1.192 "Vested Square Footage" means the right to develop up to an aggregate of 705,000 square feet of gross (commercial) floor area.
1.193 "Vesting Covenant" means that certain Declaration of Covenants made by Seller in favor of FOCIL and recorded in the Official Records on
March 1, 2005, as Document No. 2005-H911983 (as the same may be amended from time to time (including as the same may have been amended to conform
to the Master Developer Covenant)), pursuant to which Seller has the right (among other rights) to develop on the Land not more than the Vested Square
Footage.
1.194 "Vesting PSA" means that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated as of February 24, 2005, between
FOCIL, as seller, and Seller, as buyer (as the same may be amended from time to time), pursuant to which Seller acquired Blocks 26-27 (including the Land)
and certain entitlements.
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