Salesforce.com 2009 Annual Report Download - page 112

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4. Release of Claims. Except as set forth in this Supplemental Agreement, Executive agrees that the foregoing consideration represents settlement in
full of all outstanding obligations owed to Executive by the Company. Executive, on behalf of himself, and his respective heirs, family members, executors
and assigns, hereby fully and forever releases the Company and its past, present and future officers, agents, directors, employees, investors, shareholders,
administrators, affiliates, divisions, subsidiaries, parents, predecessor and successor corporations, and assigns (collectively the "Releasees"), from, and agrees
not to sue or otherwise institute or cause to be instituted any legal or administrative proceedings concerning any claim, duty, obligation or cause of action
relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that he may possess against any of the Releasees arising
from any omissions, acts or facts that have occurred up until and including the Effective Date of this Supplemental Agreement including, without limitation,
except as specifically set forth in this Supplemental Agreement:
a. any and all claims relating to or arising from Executive's employment relationship with the Company and the conclusion of that relationship;
b. any and all claims relating to, or arising from, Executive's right to purchase, or actual purchase of shares of stock of the Company, including,
without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud
under any state or federal law;
c. any and all claims for wrongful discharge of employment; termination in violation of public policy; discrimination; harassment; retaliation;
breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or
intentional infliction of emotional distress; fraud; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective
economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false
imprisonment; conversion; and disability benefits;
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 Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act
of 1990, the Fair Labor Standards Act, the Equal Pay Act, the Executive Retirement Income Security Act of 1974, The Worker Adjustment and Retraining
Notification Act, the California Fair Employment and Housing Act, and Labor Code section 201, et seq. and section 970, et seq. and all amendments to each
such Act as well as the regulations issued thereunder;
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