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LETTER AGREEMENT REGARDING <br /> ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT <br /> TAX EXEMPTION <br /> April 16,2012 <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 /> Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the <br /> "Common Council") of the City of South Bend, Indiana (the "City"), take such action as is <br /> necessary and required pursuant to Indiana Code § 6-1.1-10-44(the "Act")in order to determine <br /> that certain enterprise information technology equipment of the Company is exempt from <br /> property taxation pursuant to the Act. <br /> The Company proposes to locate a project at 1440 Ignition Drive South (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$14.2 million. $6.0 million of the personal <br /> property improvements will be attributable to the installation at the Site of enterprise information <br /> technology equipment which will include but be not limited to the equipment listed at Exhibit A <br /> attached hereto and incorporated herein and also any enterprise information technology <br /> equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the <br /> jobs created by the Project will result in an average employee wage of$28.36 per hour, which <br /> exceeds 125%of the county average wage for St.Joseph 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 /> (d) The average employee wage of the Company at the Site is at least 125% of the county <br /> average wage for St.Joseph County,Indiana. <br /> BDDBOI 6546827v3 <br />