Salesforce.com 2009 Annual Report Download - page 116

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14. Costs. Except as specifically set forth in the Agreement to which this Supplemental Agreement is an exhibit, the Parties shall each bear their own
costs, expert fees, attorneys' fees and other fees incurred in connection with the negotiation of this Supplemental Agreement.
15. Authority. Executive represents and warrants that he has the capacity to act on his own behalf and on behalf of all who might claim through
Executive to bind Executive to the terms and conditions of this Supplemental Agreement. The Company represents and warrants that the undersigned has the
authority to act on behalf of the Company and to bind the Company and all who may claim through it to the terms and conditions of this Agreement. Each
Party warrants and represents that there are no liens or claims of lien or assignments in law or equity or otherwise of or against any of the claims or causes of
action released herein
16. No Representations. The Parties represent that they have had the opportunity to consult with an attorney, and have carefully read and understand the
scope and effect of the provisions of this Supplemental Agreement. Neither Party has relied upon any representations or statements made by the other Party
hereto which are not specifically set forth in this Supplemental Agreement.
17. Severability. In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void,
this Supplemental Agreement shall continue in full force and effect without said provision.
18. Entire Agreement. This Supplemental Agreement and Executive's Separation Agreement to which this Supplemental Agreement is an exhibit, the
Indemnity Agreement, the Confidentiality Agreement, and each Award Agreement and all other equity agreements represent the entire agreement and
understanding between the Company and Executive concerning the subject matter of this Supplemental Agreement and Executive's employment with and
separation from the Company and the events leading thereto and associated therewith, and supersede and replace any and all prior agreements and
understandings concerning the subject matter of this Supplemental Agreement and Executive's relationship with the Company, including, but not limited to,
Executive's Change of Control and Retention Agreement.
19. No Oral Modification. This Agreement may only be amended in a document specifically designated as an Amendment to this Agreement and
manually signed by Executive and the Company's Chairman of the Board and/or Chief Executive Officer.
20. Governing Law. This Agreement shall be governed by the internal substantive laws, but not the choice of law rules, of the State of California.
21. No Duty to Mitigate. Executive shall have no duty to mitigate any breach by the Company of this Agreement.