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This excerpt taken from the EQR 10-Q filed May 7, 2009. AGREEMENT NOW THEREFORE, for valuable consideration, the receipt of which is acknowledged, the Agreement is amended, effective as of March 1, 2009, as follows: 1. All provisions providing for the payment of benefits to the Executive upon the Executive’s termination of employment within three (3) years following the hiring of a new Chief Executive Officer, including the language “or the hiring of a new Chief Executive Officer” in Sections 1 through 4, are hereby deleted. 2. After giving effect to this First Amendment, the Agreement remains in full force and effect. IN WITNESS WHEREOF, this First Amendment has been executed as of the date first written above.
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