Salesforce.com 2009 Annual Report Download - page 113

h. any and all claims for attorneys' fees and costs, except as specifically set forth in the Separation Agreement to which this Supplemental
Agreement is an exhibit.
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 Supplemental Agreement, this release does not extend to any obligations incurred under this Supplemental Agreement, nor to the consideration required
to be paid pursuant to the Agreement to which this Supplemental Agreement is an exhibit. 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 Supplemental Agreement, nothing in this Supplemental 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, (iii) to Executive's accrued vacation and salary, (iv) to reimbursement for all expenses incurred in the course and scope of Executive's
employment, (v) in and to any accrued amount under an 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 (vi) Executive's right to exercise all outstanding equity Awards and hold or sell stock upon exercise of
the outstanding equity Awards solely pursuant to the terms and conditions of the applicable stock plan and equity agreement governing each Award,
Executive's right to delivery of vested Company stock (and after delivery, the right to hold and sell the stock) pursuant to the terms of any of Executive's
restricted stock unit agreements and/or governing documents; or (vii) Executive's right to hold and sell equity purchased on the open markets.
5. Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age
Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive and the Company agree that this
waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Supplemental Agreement. Executive
acknowledges that the consideration given for this Supplemental Agreement is in addition to anything of value to which Executive was already entitled.
Executive further acknowledges that he has been advised by this writing that (a) he should consult with an attorney prior to executing this Supplemental
Agreement; (b) he has at least twenty-one (21) days within which to consider this Supplemental Agreement; (c) he has seven (7) days following the execution
of this Supplemental Agreement by the parties to revoke the Supplemental Agreement; (d) this Supplemental Agreement shall not be effective until the
revocation period has expired; and (e) nothing in this Supplemental Agreement prevents or precludes Executive from challenging or seeking a determination
in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or