Kraft 2014 Annual Report Download - page 100

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discussing its relationship with the Participant, it will not disparage or discredit such Participant or otherwise treat such
Participant in a detrimental way.
3.8
General Release of Claims. Upon a Change in Control and termination of employment under the circumstances
described in Section 3.2(a), the obligations of the Company and its Affiliates to pay or provide the Separation Benefits
described in Section 3.3 are contingent on the Participant's (for him/herself, his/her heirs, legal representatives an
assigns) agreement to execute a general release in the form and substance to be provided by Employer, releasing the
Employer, its affiliated companies and their officers, directors, agents and employees from any claims or causes o
action of any kind that the Participant might have against any one or more of them as of the date of this Release,
regarding his/her employment or the termination of that employment. The Participant understands that this Release
applies to all claims (s)he might have under any federal, state or local statute or ordinance, or the common law, fo
employment discrimination, wrongful discharge, breach of contract, violations of Title VII of the Civil Rights Act o
1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Older Workers Benefit Protection
Act, the Employee Retirement Income Security Act, the Americans With Disabilities Act, or the Family and Medical
Leave Act, and all other claims related in any way to Participant's employment or the termination of that employment.
3.9. Non-Exclusivity of Rights. Nothing in this Plan shall prevent or limit the Participant's continuing or future
articipation in any plan, program, policy or practice provided by the Company or any of the Affiliates and for which the
Participant may qualify, nor, subject to Section 6.2, shall anything herein limit or otherwise affect such rights as the
Participant may have under any contract or agreement with the Company or any of the Affiliates. Amounts or benefits
which the Participant is otherwise entitled to receive under any plan, policy, practice or program of or any contract o
agreement with the Company or any of the Affiliates shall be payable in accordance with such plan, policy, practice o
program or contract or agreement, except as explicitly modified by this Plan.
4. Successor to Company
This Plan shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase,
merger, consolidation or otherwise), in the same manner and to the same extent that the Company or its Affiliates woul
be obligated under this Plan if no succession had taken place.
In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be boun
y this Plan, the Company shall require such successor expressly and unconditionally to assume and agree to perfor
the Company's or its Affiliates' obligations under this Plan, in the same manner and to the same extent that the Company
would be required to perform if no such succession had taken place. The term “Company,” as used in this Plan, shall
mean the Company as hereinbefore defined and any successor or assignee to the business or assets which by reason
hereof becomes bound by this Plan.
5. Duration, Amendment and Termination
5.1. Duration . This Plan shall remain in effect until terminated as provided in Section 5.2. Notwithstanding the
foregoing, if a Change in Control occurs, this Plan shall continue in full force and effect and shall not terminate or expire
until after all Participants who become entitled to any payments or benefits hereunder shall have received such payments
or benefits in full.
5.2. Amendment and Termination . The Plan may be terminated or amended in any respect by resolution adopted by the
Committee unless a Change in Control has previously occurred. However, after the Board has knowledge of a possible
transaction or event that if consummated would constitute a Change in Control, this Plan may not be terminated o
amended in any manner which would adversely affect the rights or potential