Mondelez 2012 Annual Report Download - page 271

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.
122
16.
INSURANCE AND RISK OF LOSS
16.1
Insurance
.
16.1.1
Requirements
.
16.1.1.1 Supplier agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance
with the specified minimum limits of liability during the term of this Agreement:
16.1.1.1.1 Workers’ Compensation and Employer’
s Liability Insurance in full compliance with the applicable Laws of the
state and/or country in which the work is to be performed or the country of hire (whichever is applicable),
including any applicable Laws relating to self
-
insurance (if applicable).
(a) The limits of liability of Workers’ Compensation Insurance shall be not less than the limits required by
applicable Law.
(b) The limits of liability of Employer’s Liability Insurance with minimum limits of $1,000,000 per employee by
accident/$1,000,000 per employee by disease/$1,000,000 policy limit by disease (or, if higher, the policy limits
required by applicable Law).
16.1.1.1.2 Commercial General Liability Insurance (including coverage for Contractual Liability assumed by Supplier
under this Agreement, Premises-Operations, and Completed Operations-Products) providing coverage for
bodily injury, personal injury and property damage with combined single limits of not less than $5,000,000 per
occurrence.
16.1.1.1.3 Commercial Business Automobile Liability Insurance including coverage for all owned, non-owned, leased,
and hired vehicles providing coverage for bodily injury and property damage liability with combined single
limits of not less than $5,000,000 per occurrence.
16.1.1.1.4 Professional Liability (also known as Errors and Omissions Liability) Insurance covering acts, errors and
omissions arising out of Supplier
’
s operations or Services in an amount not less than $20,000,000 per claim.
16.1.1.1.5 Comprehensive or Commercial Crime Insurance, including Employee Dishonesty and Computer Fraud
Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by
Supplier employees, acting alone or with others, in the amount of $5,000,000 per occurrence. Kraft, Kraft
Affiliates and Eligible Recipients shall be included as Loss Payees as Their Interests May Appear with respect
to this coverage. Supplier’s policy will not provide any coverage to the extent such loss results from the
dishonest acts of the employees of Kraft, Kraft Affiliates or Eligible Recipients.