Kraft 2008 Annual Report Download - page 105

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(h) the future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty;
(i) if the Employee’s Restricted Shares vest and the Employee obtains shares of Common Stock, the value of those shares of Common Stock acquired upon
vesting may increase or decrease in value;
(j) in consideration of the grant of the Restricted Stock, no claim or entitlement to compensation or damages shall arise from termination of the Restricted
Stock or diminution in value of the Restricted Stock or shares of Common Stock acquired upon the vesting of the Restricted Shares resulting from the
termination of Employee’s employment by the Company or the Employer and the Employee irrevocably releases the Kraft Group from any such claim that may
arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing this Agreement, the
Employee shall be deemed irrevocably to have waived the Employee’s entitlement to pursue such claim;
(k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Employee’s
participation in the Plan, or the Employees’ acquisition or sale of the underlying shares of Common Stock; and
(l) the Employee is hereby advised to consult with the Employee’s own personal tax, legal and financial advisors regarding the Employee’s participation in
the Plan before taking any action related to the Plan.
11. Interpretation. The terms and provisions of the Plan (a copy of which will be furnished to the Employee upon written request to the Office of the
Secretary, Kraft Foods Inc., Three Lakes Drive, Northfield, Illinois 60093) are incorporated herein by reference. To the extent any provision of this Agreement is
inconsistent or in conflict with any term or provision of the Plan, the Plan shall govern. The Committee shall have the right to resolve all questions which may
arise in connection with the Award or this Agreement. Any interpretation, determination or other action made or taken by the Committee regarding the Plan or
this Agreement shall be final, binding and conclusive
12. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia, U.S.A., without regard to choice of laws principles
thereof.
13. Miscellaneous Definitions. For purposes of this Agreement, (a) the term “Disability” means permanent and total disability as determined under
procedures established by the Company for purposes of the Plan, and (b) the term “Normal Retirement” means retirement from active employment under a
pension plan of the Kraft Group or under an employment contract with any member of the Kraft Group, on or after the date specified as the normal retirement
age in the pension plan or employment contract, if any, under which the Employee is at that time accruing pension benefits for his or her current service (or, in
the absence of a specified normal retirement age, the age at which pension benefits under such plan or contract become payable without reduction for early
commencement and without any requirement of a particular period of prior service). In any case in which (i) the meaning of “Normal Retirement”
4
Source: KRAFT FOODS INC, 10-K, February 25, 2008 Powered by Morningstar® Document Research℠