Salesforce.com 2005 Annual Report Download - page 226

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.
Sales Order
Customer Name:
Salesforce.com
Account Manager:
Tom Offenbach
Sales Order Number:
A0B0A0001T
IBX Center:
[***] For Equinix Use:
Sales Order Effective Date: 5-24-05
(To be completed by Equinix)
Section A: Space and Colocation Services
Service Term: through 1/31/07
SpaceType Private Cage
Space and Colocation Services Quantity
NRC
per
Unit
MRC
per
Unit
Non-Recurring
Charges
Monthly
Recurring
Charges
19" Open Cabinet-Equivalent - CAB90002 [***] $ [***] $ [***] $ [***] $ [***]
Power - 20-amp, 208 VAC single-phase - POW00035 [***] $ [***] $ [***] $ [***] $ [***]
Power - 20-amp, 208 V AC single-phase redundant - POW00042 [***] $ [***] $ [***] $ [***] $ [***]
Power- 30-amp, 208 V AC single-phase - POW00036 [***] $ [***] $ [***] $ [***] $ [***]
Power- 30-amp, 208 V AC single-phase redundant - POW00043 [***] $ [***] $ [***] $ [***] $ [***]
Power - 50-amp, 208 V AC single-phase - POW00038 [***] $ [***] $ [***] $ [***] $ [***]
Power - 20-amp, 120 V AC - POW00003 [***] $ [***] $ [***] $ [***] $ [***]
— — — —
Cross Connect (CAT, Fiber, Coax) - CC90002 [***] $ [***] $ [***] $ [***] $ [***]
— — — —
— —
Waiver of Subrogation Fee [***] $ [***] — $ [***] —
950 square feet of office flex space [***] $ [***] $ [***] $ [***] $ [***]
SALES ORDER TOTAL $ [***] $ [***]
This sales order (the "Sales Order") is between Equinix, Inc. ("Equinix") and the customer identified above ("Customer"), who
wishes to order the products and/or services set forth above (each a "Service").
Unless otherwise agreed to by the parties in willing, each Service shall be delivered at the Internet Business Exchange Center identified above ("IBX
Center"). Notwithstanding anything in this Sales Order to the contrary, this Sales Order is governed by, and incorporated by reference in, the Master Service
Agreement (or the document with a similar function if no document entitled Master Service Agreement has been signed by the parties) having an effective
date of 17 May, 2005 between Customer and Equinix Inc., and/or one or more of its wholly-owned subsidiaries ("Agreement"). All exhibits, addenda and
policy documents referenced in this Sales Order are incorporated by reference in this Sales Order, and therefore in the Agreement. The meanings of all
capitalized terms defined in this Sales Order shall apply whenever such terms are used in this Sales Order, unless otherwise stated in this Sales Order. For
purposes of this Sales Order the terms "monthly recurring charges" and "MRC" may be used interchangeably, and the term "non-recurring charges" and
"NRC" may be used interchangeably.
Notwithstanding anything to the contrary in the Agreement, the term of this Sales Order shall begin on the date this Sales Order is signed by both parties (the
"Sales Order Effective Date"), and this Sates Order shall remain in effect until the last Service Term (as defined below) in effect expires or is terminated
pursuant to the Agreement, including this Sales Order. Each Service in this Sales Order shall have a "Service Term", which for each Service shall begin on
the Billing Commencement Date (defined below) and end upon completion of the period of time designated above as the Service Term. In addition, for each
Service, the initial Service Term for such Service shall automatically renew for additional terms of three (3) months each, unless either party notifies the other
party at least ninety (90) days prior to the end of the then-current Service Term for such Service that it has elected to terminate the Service Term for such
Service, in which event the Service Term for such Service will terminate at the end of such then-current Service Term. Notwithstanding anything to the
contrary in this Sales Order, (a) Equinix's provision of any Service, and Customer's use of such Service, are at all times governed by the Agreement, even if
Customer begins using such Service prior to the beginning of its Service Term and (b) under no circumstances will a Service Term for any Service in this
Sales Order survive the termination of this Sales Order.
Notwithstanding anything to the contrary in the Agreement, (a) if the Agreement expires prior to the expiration of this Sales Order's then-current term, all of
the terms and conditions of the Agreement (including limitation of liability and indemnification) will continue to apply to this Sales Order and all Services,
until this Sales Order expires or is terminated, and (b) if the Agreement is terminated by either party prior to its full term, then this Sales Order, if still in
effect, shall terminate upon the termination of the Agreement. If the Equinix entity providing the products and/or services set forth above (the "Equinix
Provider") is not currently a party to the Agreement, notwithstanding anything in the Agreement to the contrary, the parties agree that the execution of the
Sales Order shall automatically (i.e., without further action by either party) result in the Equinix Provider becoming, as of the Sales Order Effective Date, a
party to the Agreement (such that all references to Equinix under the Agreement, including, without limitation, references to limitation of liability and
indemnification, shall be deemed to include the Equinix Provider, as well as any Equinix entities that were already parties to the Agreement). Any change by