Kraft 2014 Annual Report Download - page 136

(iii) the PSP Award and the shares of Common Stock subject to the PSP Award are not part of normal
compensation or salary from the Employer and in no event should be considered as compensation for, or relating in any way to,
past services for the Company, the Employer or any Affiliate of the Company;
(iv) no claim or entitlement to compensation or damages shall arise from forfeiture of the PSP Award
resulting from failure to reach Performance Goals or termination of the Participant’s employment by the Company or the Employe
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(for any reason whatsoever and whether or not in breach of any employment laws in the country where the Participant resides o
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later found to be invalid), and in consideration of the grant of the PSP Award to which the Participant is otherwise not entitled,
the Participant 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 2012 Plan, the Participant shall be deemed
irrevocably to have agreed not to pursue such claim and agree to execute any and all documents necessary to request dismissal o
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withdrawal of such claims; and
(v) neither the Company, the Employer nor any Affiliate shall be liable for any foreign exchange rate
fluctuation between the Participant’s local currency and the United States Dollar that may affect the value of the PSP Award, any
shares of Common Stock paid to the Participant or any proceeds resulting from the Participant’s sale of such shares .
7. Data Privacy . By participating in the 2012 Plan and in exchange for receiving the PSP Award, the Participan
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hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form, of the
Participant’s personal data as described in this Agreement and any other PSP Award grant materials by and among, as
applicable, the Employer, the Company and its Affiliates for the exclusive purpose of implementing, administering an
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managing the Participant’s receipt of the PSP Award.
The Participant understands that the Company and the Employer may hold certain personal information about the
Participant, including, but not limited to, the Participant’s name, home address and telephone number, date of birth, socia
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insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in
the Company, details of all PSP Awards or any other entitlement to shares of stock awarded, canceled, exercised, vested,
unvested or outstanding in the Participant’s favor, for the exclusive purpose of implementing, administering an
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managing the PSP Award (“Data”).
The Participant understands that Data will be transferred to UBS Financial Services (“UBS”), or such other stoc
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lan service provider as may be selected by the Company in the future, which is assisting the Company with the
implementation, administration and management of the PSP Award. The Participant understands that the recipients of the
Data may be located in the United States or elsewhere, and that the recipients’ country (e.g., the United States) may have
different data privacy laws and protections than the Participant’s country. If the Participant resides outside the Unite
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States, the Participant understands that he or she may request a list with the names and addresses of any potentia
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recipients of the Data by contacting his or her local human resources representative. The Participant authorizes the
Company, UBS and any other possible recipients which may assist the Company (presently or in the future) with
implementing, administering and managing the PSP Award to receive, possess, use, retain and transfer the Data, in
electronic or other form, for the sole purpose of implementing, administering and managing his or her participation in the
PSP Award. The Participant understands that Data will be held only as long as is necessary to implement, administer an
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manage the Participant’s receipt of the PSP Award. If the Participant resides outside the United States, the Participan
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understands that he or she may, at any time, view Data, request additional information about the storage and processin
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of Data, require any necessary amendments to Data or refuse or withdraw the consents herein, in any case without cost,
by contacting in writing his or her local human resources representative. The Participant understands, however, tha
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refusing or withdrawing his or her consent may affect the Participant’s ability to receive the PSP Award. For more
information on the consequences of the Participant’s refusal to consent or withdrawal of consent, the Participan
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understands that he or she may contact his or her local human resources representative.
8. Nontransferability of PSP Award . The PSP Award or the interests or rights therein may not be transferred in any manne
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other than by will or by the laws of descent and distribution, and may not be assigned, hypothecated or otherwise pledged and shall
not be subject to execution, attachment or similar process. Upon any attempt to effect any such disposition, or upon the levy of any
such process, in violation of the provisions herein, the PSP Award shall immediately become null and void and any rights to receive
a payment under the PSP Award shall be forfeited.