Mondelez 2012 Annual Report Download - page 202

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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8.10
Substance Abuse.
8.10.1
Employee Removal
. To the extent permitted by applicable Laws, Supplier shall immediately remove (or cause to be removed) any
Supplier Personnel who is known to be or reasonably suspected of engaging in substance abuse while at Kraft Facility or Site, in a
Kraft vehicle or while performing Services. In the case of reasonable suspicion, such removal shall be pending completion of the
applicable investigation. Substance abuse includes the sale, attempted sale, possession or use of illegal drugs, drug paraphernalia, or, to
the extent not permitted on at Kraft Facilities or Kraft Sites, alcohol, or the misuse of prescription or non
-
prescription drugs.
8.10.2
Substance Abuse Policy
. Supplier represents and warrants that it has and will maintain substance abuse policies, in each case in
conformance with applicable Laws, and Supplier Personnel will be subject to such policies. Supplier represents and warrants that it
shall require its Subcontractors (other than Commodity Equipment and Transport Providers, product vendor specialists who Supplier
engages on a temporary basis to address urgent problems, and Third Party Contractors under Third Party Contracts assumed by
Supplier to the extent such contracts do not comply with this requirement as of the Effective Date) and Affiliates providing Services to
have and maintain such policy in conformance with applicable Law and to adhere to this provision.
8.11
Union Agreements and WARN ACT.
8.11.1
Notice by Supplier
. Supplier shall provide Kraft not less than 90 days notice of the expiration of any collective agreement with
unionized Supplier Personnel if the expiration of such agreement or any resulting labor dispute could potentially interfere with or
disrupt the business or operations of Kraft or an Eligible Recipient or impact Supplier’s ability to timely perform its duties and
obligations under this Agreement.
8.11.2
WARN Act Commitment
. Supplier shall not, for a period of 90 days after the Commencement Date, cause any of the Transitioned
Employees who were located at Kraft’s Bannockburn facility prior to their Employment Effective Date to suffer “employment loss”
as
that term is construed under the Worker Adjustment and Retraining Notification Act (“ WARN Act ”), if such employment loss could
create any liability for Kraft, the Eligible Recipients, or any of their respective Affiliates, under the WARN Act with respect to Kraft’s
Bannockburn facility, unless Supplier delivers notices under the WARN Act in a manner and at a time such that Kraft, the Eligible
Recipients or their respective Affiliates bear no liability with respect thereto.
8.11.3 Responsibility . Supplier shall be responsible for any liability, cost, claim, expense, obligation or sanction attributable to any breach
by Supplier of Section 8.11.2 that results in Kraft or the Eligible Recipients being in violation of the WARN Act or the regulations
promulgated thereunder with respect to Kraft
’
s Bannockburn facility.