Salesforce.com 2009 Annual Report Download - page 102

Gift") on or before Executive's last day of employment. The value of the Company's Going-Away Gift will not exceed twenty-five thousand dollars ($25,000).
The Company will include the value of the Going-Away Gift on a Form W-2 issued to Executive for year in which the Company gives the Going-Away Gift
to Executive.
d. Supplemental Separation Agreement and Release. Pursuant to the terms set forth in the Supplemental Separation Agreement and Release
("Supplemental Agreement") which is attached as Exhibit A, the Company shall provide Executive the supplemental severance package set forth in Exhibit
A in exchange for Executive's execution of the Supplemental Agreement and its effectiveness and irrevocability within the time period set forth in Exhibit A.
Notwithstanding the foregoing, should Executive die at any time after the Effective Date of this Agreement, but before executing the Supplemental
Agreement, Executive's estate shall receive the Severance Payment set forth in (and as defined in) the Supplemental Agreement provided that Executive's
estate (and all relevant and proper parties) execute the Supplemental Agreement within sixty (60) days following Executive's death. Payment to Executive's
estate, if at all, shall be made in a one lump sum payment within ten (10) business days following the effectiveness and irrevocability of the Supplemental
Agreement.
2. Release of Claims. Except as set forth in this Agreement or in the Supplemental Agreement, Executive, on his own behalf and on behalf of his
respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Company and its current and former officers, directors,
employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and
subsidiaries, and predecessor and successor corporations and assigns (collectively, the "Releasees") from, and agrees not to sue concerning, or in any manner
to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, demand, or cause of action relating to any matters of any kind, whether
presently known or unknown, suspected or unsuspected, that Executive may possess against any of the Releasees arising from any omissions, acts, facts, or
damages that have occurred up until and including the Effective Date of this Agreement, including, without limitation except as specifically set forth in this
Agreement or in the 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 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;