DUKE REALTY CORPORATION (an Indiana Corporation) DUKE REALTY LIMITED PARTNERSHIP (an Indiana Limited Partnership) $250,000,000 6.75% Senior Notes due March 15, 2020 TERMS AGREEMENTTerms Agreement • March 29th, 2010 • Duke Realty Limited Partnership/ • Real estate • Indiana
applicable) specified in the Terms Agreement or any Delayed Delivery Contract, will be validly issued, fully paid and non-assessable and will not be subject to any preemptive or other similar rights under any provision of the Indiana Business Corporation Law or under the Third Restated Articles of Incorporation of the Company. The terms of the applicable Underwritten Securities conform in all material respects to all statements and descriptions thereof contained in the Time of Sale Prospectus. The form of stock or depositary certificate to be used to evidence the applicable Underwritten Securities is in the form required by the Indiana Business Corporation Law, the Third Restated Articles of Incorporation of the Company and the bylaws of the Company. In the case of Preferred Stock, the form of Depositary Share, as applicable, is in the form required under the appropriate deposit agreement.
