Mondelez 2012 Annual Report Download - page 196

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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8.2.10.2.2 Should Kraft or an Eligible Recipient wish to dispose of or destroy any such records or documents prior to the
expiration of three years after the Commencement Date, it shall not do so without informing Supplier of its
intention to do so and if Supplier so requests, it shall deliver to Supplier such of the records or documents as
Supplier may request.
8.2.11
EU Benefits Liabilities.
All wages, salaries and entitlement to other benefits for Transitioned Employees in the EU (except as
otherwise provided in this Section 8.2.12 ), and all the employer’s liabilities for Transitioned Employees in the EU in respect of
PAYE, tax deductions, social security payments and national insurance contributions relating thereto and arising on or after the
Employment Effective Date shall be discharged by the Supplier during employment with the Supplier or its Subcontractors or
Affiliates. In addition, except where otherwise required by applicable Laws, Kraft shall retain responsibility for administering and
paying the pension benefits that were earned at Kraft or its Affiliates by the Transitioned Employees immediately prior to their
Employment Effective Date. Kraft or the applicable Eligible Recipient shall be and remain liable for the payment of all such amounts
accrued up to the Employment Effective Date.
8.2.12 Non-EU Benefits Liabilities. All wages, salaries and entitlement to other benefits for Transitioned Employees in non-EU countries,
and all the employer’s liabilities for Transitioned Employees in non-EU countries relating thereto and arising on or after the
Employment Effective Date shall be discharged by the Supplier, during employment with the Supplier or its Subcontractors or
Affiliates. Kraft or the applicable Eligible Recipient shall be and remain liable for the payment of all such amounts accrued up to the
Employment Effective Date.
8.3
Other Employee Matters.
8.3.1
Responsibility for Transitioned Employees
. As of the Employment Effective Date, the Transitioned Employees shall be employees
of Supplier for all purposes. Supplier shall be responsible for all necessary recruiting and hiring costs associated with employing
appropriate staff. In addition, Supplier shall be responsible for funding and distributing benefits under the benefit plans in which
Transitioned Employees participate on or after the Transitioned Employee’s Employment Effective Date and for paying any
compensation and remitting any income, disability, withholding and other employment taxes for such Transitioned Employees
beginning on the Employment Effective Date. Unless otherwise agreed, Kraft or the other applicable Eligible Recipient shall be
responsible for funding and distributing benefits under the Kraft benefit plans in which Transitioned Employees participated prior to
the Employment Effective Date and for paying any compensation and remitting any income, disability, withholding and other
employment taxes for such Transitioned Employees for the period prior to the Employment Effective Date of such Transitioned
Employee. Kraft or another applicable Eligible Recipient shall provide Supplier with such information in Kraft’s possession
reasonably requested by Supplier in order to fulfill its obligations under this
Article 8
.
8.3.2
Principles for Other Countries
. The principles, rights, responsibilities and obligations articulated in this
Article 8
with respect to the
hiring of the Affected Personnel in the United States (“ Principles ”) shall be applicable to Affected Personnel in countries other than
the United States to the extent that the applicable Laws of such countries are not inconsistent with the Principles. To the extent the
applicable Laws of any country are inconsistent with any of the Principles, the Parties shall, with regard to such Principles as they
apply to Supplier Personnel in such country, restate such Principles to reflect as nearly as possible the original intentions of the