Salesforce.com 2009 Annual Report Download - page 117

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22. Arbitration. All disputes arising out of or related to this Agreement shall be decided exclusively by binding arbitration before one neutral JAMS
arbitrator. The arbitration shall be submitted to JAMS, governed by the then applicable JAMS rules covering employment arbitrations, and held in San
Francisco, California. The arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil
Procedure, and the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to any conflict-of-law provisions
of any jurisdiction. To the extent that the JAMS rules conflict with California law, California law shall take precedence. The arbitrator shall be a retired state
or federal judge and shall render a reasoned decision. The Parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration,
and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator shall award attorneys' fees and costs to
the prevailing party, except as prohibited by law. The arbitrator's award may be entered in any court of competent jurisdiction. The Parties understand that by
agreeing to arbitrate, they are giving up their right to trial by jury and their right to use the judicial system to resolve disputes between them. Notwithstanding
any other term in this Agreement, either Party may seek extraordinary and/or emergency relief in a court of competent jurisdiction.
23. Effective Date. Executive understands that this Agreement shall be null and void if not executed by him within twenty one (21) days
following Executive's Separation Date. Executive has seven (7) days after Executive signs this Agreement to revoke it. This Agreement will become
effective on the eighth (8th) day after Executive signs this Agreement, so long it has not been revoked by Executive before that date (the "Effective Date").
24. Counterparts. This Supplemental Agreement may be executed by facsimile signature and/or by signing, scanning and emailing and in counterparts,
and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the
undersigned.
25. Voluntary Execution of Agreement. This Supplemental Agreement is executed voluntarily and without any duress or undue influence on the part or
behalf of the Parties hereto, with the full intent of releasing the claims released by this Supplemental Agreement. The Parties acknowledge that: (a) They have
read this Supplemental Agreement; (b) They have had the opportunity of being represented in the preparation, negotiation, and execution of this Supplemental
Agreement by legal counsel of their own choice; (c) They understand the terms and consequences of this Supplemental Agreement and of the releases it
contains; and (d) They are fully aware of the legal and binding effect of this Supplemental Agreement.