Mondelez 2012 Annual Report Download - page 192

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS
THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE
VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Brazilian Affected Employees in accordance with applicable laws of Brazil, and (ii) timely payment of all
severance, termination and any other benefits or entitlements to Brazilian Affected Employees.
8.1.1.6.3
Kraft Commitments.
Kraft shall, and shall arrange for any applicable Eligible Recipients to: (i) not hinder
Supplier in offering employment to Affected Personnel outside the United States; and (ii) as requested by
Supplier, give reasonable assistance to employ Affected Personnel who are employees outside the United
States, including: (A) providing reasonable access for Supplier to the Affected Personnel who are employees
outside the United States for interviews and recruitment; and (B) providing an organizational chart showing the
roles, responsibilities, authority, and salaries or resource values of all Affected Personnel who are employees
outside the United States.
8.1.2
Transitioned Employee Retention
. Except as otherwise provided in a Companion Agreement, if a Transitioned Employee's
employment with Supplier is terminated within the first 24 months after such Transitioned Employee’
s Employment Effective Date for
any reason other than Cause, that Transitioned Employee will be eligible to receive a severance payment as provided in Section 8.2.9
.
Supplier also shall not relocate a Transitioned Employee outside of their current geographic location (i.e., 50 miles during the 12
months immediately following such Transitioned Employee’s Employment Effective Date, unless the possibility of such relocation is
expressly disclosed in the Transitioned Employee’s offer letter and agreed to by him or her at the time of hiring or thereafter. For a
period of 12 months following the Effective Date, the Supplier will inform Kraft each month of Transitioned Personnel terminated by
Supplier, or who otherwise leave the Supplier’s employment for voluntary reasons. In addition, during such 12 month period, Supplier
will keep the Transitioned Employees who remain employed by Supplier in jobs requiring skills that are similar to the skills required
for their positions prior to transitioning to Supplier, and will evaluate such employees based on those required skills.
8.1.3
[Intentionally left blank]
8.1.4 Additional Transitioned Employees . During the six months following the Commencement Date, Kraft may designate additional
employees of Kraft or its Affiliates who performed functions that were transferred to Supplier under this Agreement to whom offers of
employment are to be extended by Supplier, provided that the number of such additional personnel cannot exceed five percent (5%) of
the Transitioned Employees. The compensation and other terms and conditions of such offers of employment shall be as set forth in
this
Article 8
and personnel accepting such offers shall be treated as Transitioned Employees for all purposes.
8.1.5
Training/Career Opportunities
. Supplier shall offer training, skills development and career growth opportunities to Transitioned
Employees that are at least as favorable as those offered generally to its similarly situated employees.
8.1.6 Personnel Projection Matrix . Set forth in the applicable Supplement is a staffing plan showing the planned deployment of
Transitioned Employees (the “ Personnel Projection Matrix ”). Supplier shall not make material changes to the number of
Transitioned Employees in the Personnel Projection Matrix for [ * * * ] from the Commencement Date without Kraft’s prior approval,
which shall not be unreasonably withheld and which shall be based on Kraft’s reasonable satisfaction that such changes shall not have
an adverse impact on the Supplier
’
s