Salesforce.com 2009 Annual Report Download - page 103

d. any and all claims for violation of any federal, state, or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of
1964; the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Equal Pay Act; the Fair Labor Standards
Act; the Fair Credit Reporting Act; the Executive Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act; the
Family and Medical Leave Act; the Sarbanes-Oxley Act of 2002; the California Family Rights Act; the California Labor Code; the California Workers'
Compensation Act; and the California Fair Employment and Housing Act;
e. any and all claims for violation of the federal or any state constitution;
f. any and all claims arising out of any other laws and regulations relating to employment or employment discrimination;
g. any claim for any loss, cost, damage, or expense arising out of any dispute over the nonwithholding or other tax treatment of any of the
consideration the Parties negotiated in this Agreement; and
h. any and all claims for attorneys' fees and costs.
Executive agrees that the release set forth in this section shall be a complete and general release as to the matters released. Notwithstanding any other term in
this Agreement, this release does not extend to any obligations incurred under this Agreement. This release does not release claims that cannot be released as a
matter of law, including Executive's right to file a charge with, or participate in a charge by, the Equal Employment Opportunity Commission, or any other
local, state, or federal administrative body or government agency that is authorized to enforce or administer laws (related to employment) against the
Company (with the understanding that any such filing or participation does not give Executive the right to recover any monetary damages against the
Company, as Executive's release of claims herein bars Executive from recovering such monetary relief from the Company).
Notwithstanding any other term in this Agreement, nothing in this Agreement waives or releases Executive's rights (i) to indemnification to the fullest extent
provided by or in any corporate document or act or agreement of the Company or state or federal law or insurance policy, including without limitation, the
Indemnity Agreement and the Company's directors and officers insurance policies, (ii) to any defense or payment under any insurance policy or otherwise,
(iii) to Executive's accrued vacation and salary, (iv) in and to Executive's Change of Control and Retention Agreement, (v) to continuing coverage under any
Company employee welfare benefit plan and in any accrued payment right under any Company employee welfare benefit plan (by way of examples only,
rights to continued medical coverage and to reimbursement for a claim existing as of the date hereof), (vi) to reimbursement for all expenses incurred in the
course and scope of Executive's employment, (vii) in and to any accrued amount under any employee pension benefit plan of the Company (by way of
example only, vested amounts under Executive's account in the Company's 401(k) plan), or (viii) Executive's rights in all outstanding equity awards and
shares resulting therefrom, which shall continue to be governed solely by the terms and conditions of the applicable stock plan and equity agreement
governing each such outstanding equity awards; or (ix) Executive's right to hold and sell equity Executive purchased on the open markets.