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LETTER AGREEMENT REGARDING <br /> ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT <br /> TAX EXEMPTION <br /> , 20 <br /> The Common Council <br /> City of South Bend, Indiana <br /> 227 West Jefferson Blvd. • Suite 400 S <br /> South Bend, Indiana 46601 <br /> Dear Honorable Council Members: <br /> (the "Company") requests that the Common Council (the "Common <br /> Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and <br /> required pursuant to Indiana Code § 6-1.1-1044 (the "Act") in order to determine that certain <br /> enterprise information technology equipment of the Company is exempt from property taxation <br /> pursuant to the Act. <br /> The Company proposes to locate a project at (the "Site") which is <br /> located within the boundaries of the City (the "Project") which Project will result in a capital <br /> investment in real and personal property at the Site of$ . $ <br /> of the personal property improvements will be attributable to the installation -at the Site of <br /> enterprise information technology equipment which will include but be not limited to the <br /> equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise <br /> information technology equipment which may in the future replace the equipment listed at <br /> Exhibit A. Additionally, the jobs created by the Project will result in an average employee wage <br /> of$ , which is at least/exceeds 125%of the county average wage for St. Joseph <br /> County, Indiana. <br /> On behalf of the Company, the undersigned hereby certifies that Company constitutes an <br /> "Eligible Business" as such term is defined in the Act because the Company meets each of the <br /> following requirements: <br /> (a) The Company is engaged in a business that, upon completion of the Project, will operate <br /> one or more facilities dedicated to computing,networking, or data storage activities; <br /> (b) The Company is located in a facility or data center in Indiana; <br /> (c) The Company will have invested upon completion of the Project in the aggregate at least <br /> $10,000,000 in real and personal property which investment will have occurred after <br /> June 30, 2009; and <br /> B DDB01 65468270 <br />