Salesforce.com 2009 Annual Report Download - page 114

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costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Senior Vice President of Human
Resources at the Company by close of business on the seventh day from the date that Executive signs this Supplemental Agreement.
6. Civil Code Section 1542. Executive represents that he is not aware of any claims against the Company other than the claims that are released by this
Supplemental Agreement. Executive acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code
1542, below, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Executive, being aware of said code section, agrees to expressly waive any rights he may have thereunder, as well as under any statute or common law
principles of similar effect.
8. No Pending or Future Lawsuits. Executive represents that he has no lawsuits, claims, or actions pending in his name, or on behalf of any other person
or entity, against the Company or any of the other Releasees. Executive also represents that he does not intend to bring any claims on his own behalf or on
behalf of any other person or entity against the Company or any of the other Releasees. The Company represents that it has no lawsuits, claims, or actions
pending in its name, or on behalf of any other person or entity, against Executive. The Company also represents that it does not intend to bring any claims on
its own behalf or on behalf of any other person or entity against Executive.
9. Application for Employment. Executive understands and agrees that, as a condition of this Supplemental Agreement, he shall not be entitled to any
employment with the Company, its subsidiaries, or any successor, and he hereby waives any right, or alleged right, of employment or re-employment with the
Company.
10. No Cooperation. Executive agrees that he will not knowingly encourage, counsel, or assist any attorneys or their clients in the presentation or
prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against any of the Releasees, unless required to do so by
a subpoena, or other court order, or by a written demand from a government entity. The Company agrees that it will not knowingly encourage, counsel, or
assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party
against Executive, unless required to do so by a subpoena, or other court order, or by a written demand from a government entity.
11. Mutual Nondisparagement. Executive agrees to refrain from any disparagement, defamation, libel, or slander of any of the Releasees, and agrees to
refrain from any tortious interference with the contracts and relationships of any of the Releasees. The Company, on behalf