Common use of Reservation of Contributor Rights Clause in Contracts

Reservation of Contributor Rights. Notwithstanding anything else in this Exhibit G or the Contribution Agreement to the contrary, Contributor reserves unto itself all rights and remedies (including rights to seek contribution) against any third party indemnitors and prior property owners or occupants for which the Participating Entity has been indemnified by Contributor hereunder. To the extent Contributor's rights against any such third party indemnitors, owners or occupants may be prejudiced by actions or inactions by any owner or occupant of the Properties after the Closing, Contributor's indemnity obligation shall be reduced in accordance with the effect of the actions or inactions which so prejudiced Contributor's rights. EXHIBIT H TO CONTRIBUTION AGREEMENT CERTIFICATION OF NON-FOREIGN STATUS(1) Section 1445 of the Internal Revenue Code of 1986, as amended, provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. To inform BioMed Property, L.P., a Maryland limited partnership (the "Operating Partnership"), that the withholding of tax is not required upon the contribution of Participating Entity Interests by [__________], a [__________] (the "Contributor"), to the Operating Partnership in exchange for Units, which transfer occurred on [__________], 2004, the undersigned hereby certifies the following on behalf of Contributor:

Reservation of Contributor Rights. Notwithstanding anything else in this Exhibit G or the Contribution Agreement to the contrary, Contributor reserves unto itself all rights and remedies (including rights to seek contribution) against any third party indemnitors and prior property owners or occupants for which the Participating Entity has been indemnified by Contributor hereunder. To the extent Contributor's rights against any such third party indemnitors, owners or occupants may be prejudiced by actions or inactions by any owner or occupant of the Properties after the Closing, Contributor's indemnity obligation shall be reduced in accordance with the effect of the actions or inactions which so prejudiced Contributor's rights. EXHIBIT H TO CONTRIBUTION AGREEMENT CERTIFICATION OF NON-FOREIGN STATUS(1) Section 1445 of the Internal Revenue Code of 1986, as amended, provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. To inform BioMed Property, L.P., a Maryland limited partnership (the "Operating Partnership"), that the withholding of tax is not required upon the contribution of Participating Entity Interests by [__________], a [__________] ___________ , an individual (the "Contributor"), to the Operating Partnership in exchange for Units, which transfer occurred on [__________], 2004, the undersigned hereby certifies the following on behalf of Contributor: