Mondelez 2012 Annual Report Download - page 310

“ Eligible Recipients ” shall mean, collectively, and to the extent such Entity is receiving Services under this Agreement, the following:
Except as used in Sections 17.1 , 17.3 , 17.4 , 17.5 , and 17.6 , Eligible Recipients shall include the employees, contractors, subcontractors,
agents and representatives, but only in their capacities as such, of the Entities identified as Eligible Recipients in clauses (a) through (j) above.
“ Employment Effective Date ” shall mean, with respect to each Transitioned Employee, the date that such Transitioned Employee begins
employment with Supplier, in accordance with applicable Laws.
“ End User Computing (Services) ” shall mean the Services described in the applicable Supplement and statement of work as “End User
Computing” Services.
“ Entity ” shall mean a corporation, partnership, joint venture, trust, limited liability company, limited liability partnership, association or other
organization or entity.
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.
8
(a)
Kraft;
(b)
any Entity that is an Affiliate of Kraft on the Effective Date, or thereafter becomes an Affiliate of Kraft;
(c) any Entity that purchases after the Effective Date from Kraft or any Affiliate of Kraft, all or substantially all of the assets
of Kraft or such Affiliate, or of any division, marketing unit, business unit, administrative unit, or manufacturing, research
or development facility thereof, provided that such Entity agrees in writing to be bound by the terms and conditions of this
Agreement;
(d) any Entity that after the Effective Date is created using assets of Kraft or any Affiliate of Kraft, provided that such Entity
agrees in writing to be bound by the terms and conditions of this Agreement;
(e) any Entity into which Kraft or any Affiliate of Kraft merges or consolidates, provided that such Entity has assumed Kraft’
s
obligations under this Agreement, and provided further that such Entity agrees in writing to be bound by the terms and
conditions of this Agreement;
(f)
any Entity which merges into or consolidates with Kraft or any Affiliate of Kraft;
(g) any Entity, including any corporation, joint venture, or partnership, in which on or after the Effective Date, Kraft or any
Affiliate of Kraft has an ownership interest and/or as to which Kraft or such Affiliate has management or operational
responsibility by law or contract;
(h) any customer of an Eligible Recipient identified in clauses (a) through (h) above, or an Entity to which such an Eligible
Recipient is a contractor, but only in connection with the provision of products or services by such Eligible Recipient to
such customer;
(i) any person or Entity providing outsourcing services to Kraft or any Eligible Recipient, but only in connection with the
provision of such outsourcing services to Kraft or such Eligible Recipient; and
(j)
other entities to which the Parties agree.