Salesforce.com 2005 Annual Report Download - page 222

CONFIDENTIAL TREATMENT REQUESTED
*** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Customer Name: Account Manager: Sales Order Number:
Salesforce.com Tom Offenbach A0Q0A000AC
Customer agrees to pay the Waiver of Subrogation Fee set forth above in exchange for Equinix's agreement to obtain the waivers of subrogation that Equinix
is required to obtain pursuant to Section 7(c) of the Agreement.
Billing:
Notwithstanding anything to the contrary, Customer's obligation to pay the total monthly recurring charges and total non-recurring charges set forth in Section
A shall begin twenty-one (21) days after the Sales Order Effective Date (the "Billing Commencement Date"). If Equinix fails to deliver a Service by the
applicable Billing Commencement Date, and such failure is not caused by Customer or Customer's contractors or agents, Customer shall not be obligated to
pay for such Service until Equinix delivers such Service.
If Equinix is unable to deliver any Service on or before the Billing Commencement Date because Customer has failed to provide Equinix with the information
necessary to deliver such Service (e.g., configuration information). Customer shall be billed for such Service beginning on the Billing Commencement Date
even if such Service has not been delivered.
Customer may order services in addition to the cabinets set forth on this Sales Order for the Cage (defined below) (such additional services (including services
other than cabinets set forth in this Sales Order), "Additional Services"). Services delivered by Equinix in space other than the Cage are not Additional
Services.
Notwithstanding anything to the contrary in this Sales Order:
1. Prior to February 1, 2006, Customer shall pay the monthly recurring charges agreed to by Equinix and Customer for Additional Services in the applicable
orders for such Additional Services.
2. Beginning February 1, 2006, Customer shall pay monthly recurring charges for Additional Services each month equal to the greater of i) the sum of the
monthly recurring charges agreed to by Equinix and Customer for Additional Services in the applicable orders or ii) $[***].
3. Beginning August 1, 2006, Customer shall pay monthly recurring charges for Additional Services each month equal to the greater of i) the sum of the
monthly recurring charges agreed to by Equinix and Customer for Additional Services in the applicable orders or ii) $[***].
Notwithstanding anything to the contrary in this Sales Order. Customer will pay the nonrecurring charges for Additional Services as set for in the applicable
orders for such services and in the Agreement. For the avoidance of doubt, Customer shall pay monthly recurring charges and nonrecurring charges for
cabinets as set forth in the first two paragraphs of this "Billing" section in addition to the charges for Additional Services.
Equinix will reserve out of the power delivery capacity available to the Cage (defined below) [***] of electrical power to be made available to Customer in
increments requested by Customer through circuit orders (including the circuits ordered on this Sales Order). Such electrical power will be UPS critical power
in an N+1 configuration. Equinix will further provide cooling capacity in the Cage to meet all requirements set forth in the Agreement (including Exhibit C of
the Agreement and the Policies as defined in the Agreement). For the avoidance of doubt, a Temperature Irregularity or a Humidity Irregularity (as defined in
Exhibit C of the Agreement) does not constitute Equinix's failure to provide cooling capacity as contemplated in the prior sentence (the "Cooling Capacity").
Equinix's failure to provide Cooling Capacity means Equinix's failure to provide the infrastructure reasonably necessary to provide the Cooling Capacity.
Power Cap:
Customer may not draw more than an aggregate of [***] (the "Power Cap") in the cage depicted in Attachment 1 of this Sales Order (the "Cage"). In the
event that Equinix measures Customer's draw in the Cage and such draw exceeds the Power Cap. Equinix may require Customer to reduce the power draw in
the Cages to the Power Cap within twenty-four (24) hours of such measurement. In the event that Customer's power draw in the Cage exceeds the Power Cap
three (3) times in a calendar month. Equinix may disconnect power circuits until the aggregate rated capacity of all circuits in the Cage equals the Power Cap.
Customer shall pay Equinix's Smart Hands rate for Equinix's measurement of draw in the Cage. In the event that Equinix fails to make [***] of power
available to Customer in the Cage. Equinix will be responsible for Customer's actual and direct out of pocket costs and damages resulting from such failure,
not to exceed [***]. For the avoidance of doubt, a Power Outage, as defined in Exhibit C of the Agreement, does not constitute Equinix's failure to make
power available as contemplated in the prior sentence. Equinix's failure to make the power available means Equinix's refusal to install or energize such power
or to fail to maintain the infrastructure required to deliver such power.
Customer to complete: Equinix to complete:
Authorized Signature /s/ David Schellhase Authorized Signature /s/ Monica Brown Andrews
Printed name: David Schellhase Printed name: Monica Brown Andrews
Director of Customer Contracts
Title: VP & General Counsel Title:
Date signed: 17 May, 2005 Date signed: 5/24/05
Billing Information
Billing Contact Name: Accounts Payable Please fax a signed copy of this Sales Order to:
Billing Address: Salesforce.com, Inc. [phone]
The Landmark@one Market, # 300