Mondelez 2012 Annual Report Download - page 296

In the case of Supplier:
Office of the General Counsel
5400 Legacy Drive
Plano, TX 75024
Attention: General Counsel
With a copy to:
The Prentice-Hall Corporation System, Inc.
33 North LaSalle Street
Chicago, Illinois 60602
This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the Parties
hereto.
The article and section headings and the table of contents used herein are for reference and convenience only and shall not be considered in the
interpretation of this Agreement.
Supplier, in furnishing services to Kraft and the Eligible Recipients hereunder, is acting as an independent contractor, and Supplier has the sole
obligation to supervise, manage, contract, direct, procure, perform or cause to be performed, all work to be performed by Supplier under this
Agreement. The relationship of the Parties under this Agreement shall not constitute a partnership or joint venture for any purpose. Except as
expressly provided in this Agreement, Supplier is not an agent of Kraft or the Eligible Recipients and has no right, power or authority, expressly
or impliedly, to represent or bind Kraft or the Eligible Recipients as to any matters, except as expressly authorized in this Agreement.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is
held invalid or unenforceable by a court with jurisdiction over the Parties, such provision shall be deemed to be restated to reflect as nearly as
possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement and the application
of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby,
and each such provision shall be valid and enforceable to the full extent permitted by law.
Except where expressly provided as being in the sole discretion of a Party, where agreement, approval, acceptance, consent, confirmation, notice
or similar action by either Party is required under this Agreement, such action shall not be unreasonably delayed or withheld. An approval or
consent given by a Party under this Agreement shall not relieve the other Party from responsibility for complying with the requirements of this
Agreement, nor shall it be construed as a waiver of any rights under this Agreement, except as and to the extent otherwise expressly provided in
such approval or consent.
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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21.4
Counterparts
.
21.5 Headings
.
21.6
Relationship of Parties
.
21.7
Severability
.
21.8
Consents and Approval
.