Salesforce.com 2009 Annual Report Download - page 101

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Exhibit 10.16
SEPARATION AGREEMENT AND RELEASE
This Separation Agreement and Release ("Agreement") is made by and between Kenneth I. Juster ("Executive") and Salesforce.com, Inc. (the
"Company") (collectively referred to as the "Parties" or individually referred to as a "Party").
RECITALS
WHEREAS, Executive is employed with the Company;
WHEREAS, Executive signed an Employee Inventions and Proprietary Rights Assignment Agreement (the "Confidentiality Agreement"), which is
attached as Exhibit B to this Agreement;
WHEREAS, Executive signed an Indemnity Agreement with the Company (the "Indemnity Agreement"), which is attached as Exhibit C to this
Agreement;
WHEREAS, Executive resigns his employment with the Company effective on February 28, 2010 (the "Separation Date"); and
WHEREAS, the Parties wish to resolve any and all disputes, claims, complaints, grievances, charges, actions, petitions, and demands that the Executive
may have against the Company and any of the Releasees as defined below, including, but not limited to, any and all claims arising out of or in any way related
to Executive's employment with or separation from the Company.
NOW, THEREFORE, in consideration of the mutual promises made herein, the Company and Executive hereby agree as follows:
COVENANTS
1. Consideration.
a. Payment in Exchange for Release of Claims Contained in This Agreement. The Company shall pay Executive the sum of ten thousand dollars
($10,000) less applicable withholdings, within ten (10) business days after the Effective Date of this Agreement. The Company will include this payment on a
Form W-2 issued to Executive for the year of payment.
b. Attorneys' Fees Payment. The Company shall pay Executive the sum of thirty thousand dollars ($30,000) within ten (10) business days after
the Effective Date of this Agreement for amounts Executive incurred in attorneys' fees relating to the review of and advice regarding this Agreement. The
Company will include this payment on a Form W-2 issued to Executive for the year of payment.
c. Going-Away Gift. The Company is grateful to Executive for his five years of outstanding work, and wishes Executive the very best in all his
future endeavors. As an expression of the Company's appreciation, the Company will present Executive with a watch ("Going-Away