Salesforce.com 2010 Annual Report Download - page 300

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.
based thereon shall be commenced after the Complete Release Date (unless, prior to the Complete Release Date, Buyer has given Seller written notice of a
Release Exception Claim based on a breach of a representation or warranty of Seller set forth in this Agreement).
32.2 No Other Offers. From the Effective Date through the Termination Deadline, and thereafter until the Closing Date, Seller shall not solicit or
accept any offers, whether or not binding, regarding the Property; provided, however, that the foregoing restriction shall no longer apply upon the termination
of this Agreement in accordance with its terms.
32.3 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to undertake such actions as
may be required in order to consummate the purchase and sale of the Property and shall use good faith efforts to accomplish the Close of Escrow in
accordance with the provisions hereof.
32.4 Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof. All references herein to a
particular time of day shall be deemed to refer to the time in effect in San Francisco, California.
32.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which,
taken together, shall constitute a single agreement with the same effect as if all Parties had signed the same signature page. Any signature page from any
counterpart of this Agreement, signed only by one Party, may be detached from such counterpart and re-attached to any other counterpart of this Agreement
that has a signature page signed only by another Party, without impairing the legal effect of any of the signatures.
32.6 Captions. Any captions to, or headings of, the Paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties,
are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or of any provision of this
Agreement.
32.7 No Obligations To Third Parties. Except as may be expressly provided otherwise in this Agreement, the execution and delivery of this
Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties, to any person or entity other than the Parties.
32.8 Exhibits. The Attachments and Exhibits attached to this Agreement are hereby incorporated herein by this reference for all purposes.
32.9 Amendment To Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by
each of the Parties.
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