Mondelez 2012 Annual Report Download - page 311

“ Equipment ” shall mean all computing, networking, communications and related computing equipment (hardware and firmware) procured,
provided, operated, supported, or used by Kraft, Supplier or Authorized Users in connection with the Services, including (i) mainframe,
midrange, server and distributed computing equipment and associated attachments, features, accessories, peripheral devices, and cabling,
(ii) personal computers, laptop computers, terminals, workstations and associated attachments, features, accessories, printers, multi-functional
printers, peripheral devices, and cabling, and (iii) voice, data, video and wireless telecommunications and network and monitoring equipment
and associated attachments, features, accessories, cell phones, peripheral devices, and cabling.
“ Equipment Leases ” shall mean all leasing arrangements whereby Kraft, the Eligible Recipients or a Kraft Third Party Contractor leases
Equipment as of the Commencement Date which will be used by Supplier to perform the Services after the Commencement Date. Equipment
Leases shall include those leases identified on Schedule 12.1 , those as to which the lease, maintenance and support costs are included in the
Kraft Base Case, and all other leases as to which Supplier received reasonable notice and/or reasonable access prior to the Commencement Date.
“ EU ” shall mean the European Union.
“EUC Equipment” shall mean all Equipment used to provide End User Computing except HP EUC Devices.
“ EUC Equipment Inventory Pool ”
shall mean an inventory of EDS managed desktop and laptop devices that EDS will utilize to provide EUC
Equipment support services, including EUC assets needed to support the EUC hardware refresh program, based upon the MPSA requirements
for EUC Equipment refresh. The EUC Equipment inventory pool will include a quantity of devices designated as Whole Unit Spares, as
determined by EDS.
“Excluded Materials ” shall mean the Materials owned or licensed by Supplier that are identified in the applicable Supplement as either being
excluded from Kraft’s post-termination rights set forth in Section 14.6 or subject to conditions for Kraft’s exercise of such rights.
“ Expected Service Level Default ” shall mean the Supplier’s level of performance for a particular Critical Service Level that fails to meet the
applicable Expected Service Level (but does not fail to meet the applicable Minimum Service Level) as specified in the applicable Supplement
and has failed to meet such Expected Service Level for [ * * * ] in any rolling 12-month period for Critical Service Levels with a monthly
Measurement Window, or has failed to meet the Expected Service Level in any period for Critical Service Levels with a quarterly, semi-annual
or annual Measurement Window.
“ Expected Service Level ” shall mean the desired level of current year performance for a Critical Service Level, as set forth in the applicable
Supplement.
“ External Storage Media ” shall mean any non-fixed-disk based storage media, including tape, optical disk, and CD.
“ Extraordinary Event ” shall have the meaning given in Section 11.6.1 .
“ FTE Rate ” means, in relation to each FTE, the hourly and monthly rates specified, and designated as "Mantime Rates", in the applicable
Supplement for a particular skill category or position, for onshore and offshore personnel, as identified on the applicable Supplement and
adjusted pursuant to the applicable Supplement.
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.
9