Kraft 2009 Annual Report Download - page 147

(h) the Restricted Shares grant and the Employee’s participation in the Plan will not be interpreted to form an employment contract or relationship with
any member of the Kraft Foods Group;
(i) the future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty;
(j) 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;
(k) no claim or entitlement to compensation or damages shall arise from forfeiture of the Restricted Shares resulting from the termination of the
Employee’s employment by the Company or the employer, and in consideration of the award of the Restricted Shares to which the Employee is otherwise not
entitled, the Employee irrevocably agrees never to institute any claim against the Company or the employer, waives his or her ability, if any, to bring any such
claim, and releases the Company and the employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent
jurisdiction, then, by participating in the Plan, the Employee shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and
all documents necessary to request dismissal or withdrawal of such claim;
(l) 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;
(m) 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; and
(n) the Restricted Shares and the benefits under the Plan, if any, will not automatically transfer to another company in the case of a merger, take-over or
transfer of liability.
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
Corporate 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.
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Source: KRAFT FOODS INC, 10-K, February 25, 2010 Powered by Morningstar® Document Research℠