Mondelez 2012 Annual Report Download - page 297

Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement
shall survive any termination or expiration of this Agreement and continue in full force and effect. Additionally, all provisions of this Agreement
will survive the expiration or termination of this Agreement to the fullest extent necessary to give the Parties the full benefit of the bargain
expressed herein.
Neither Party shall use the other Party
’s name or mark or refer to the other Party directly or indirectly in any media release, public
announcement, or public disclosure relating to this Agreement, including in any promotional or marketing materials, customer lists or business
presentations without the prior written consent of the other Party prior to each such use or release. Neither party shall make any public
statements about this Agreement, the Services or its relationship with the other Party without the other Party’s prior approval.
Each Party agrees that it shall not, without the other Party’s prior consent, use any of the names, service marks or trademarks of the other Party
in any of its advertising or marketing materials.
The Parties acknowledge that certain Software and technical data to be provided hereunder and certain transactions hereunder may be subject to
export controls under the laws and regulations of the United States, the European Union, the United Nations and other jurisdictions. No Party
shall export or re-export any such items or any direct product thereof or undertake any transaction or service in violation of any such laws or
regulations. To the extent within Supplier’s control, Supplier shall be responsible for, and shall coordinate and oversee, compliance with such
export laws in respect of such items exported or imported hereunder. To the extent within Kraft’s control, and not in Supplier’s control, Kraft
shall be responsible for, and shall coordinate and oversee, compliance with such export laws in respect of such items exported or imported
hereunder. Kraft will provide to Supplier prior written notice of any of the Kraft Data, Kraft Owned Software or Kraft Third Party Licensed
Software or any other item provided by Kraft that will be used or accessed by Supplier outside of the United States in providing the Services
which is controlled for export under the International Traffic in Arms Regulations or is classified for
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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21.9
Waiver of Default; Cumulative Remedies
.
21.9.1
Waiver of Default
. A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be
construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any
breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All
waivers must be in writing and signed by the Party waiving its rights.
21.9.2
Cumulative Remedies
. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any
other remedies available to either Party at law, in equity or otherwise. The election by a Party of any remedy provided for in this
Agreement or otherwise available to such Party shall not preclude such Party from pursuing any other remedies available to such Party
at law, in equity, by contract or otherwise.
21.10
Survival
.
21.11 Publicity.
21.12
Service Marks
.
21.13
Export
.