Mondelez 2012 Annual Report Download - page 323

“ Scheduled Uptime ” shall mean that period of time during which a particular System, Application, Software, Equipment, Network or any
other part of the Services is expected to be available during the Measurement Window.
“ SDBs ” shall have the meaning given in Section 9.13.3 .
“ Self Service Tools ” shall mean tools and processes that allow an Authorized User to obtain Service or remediate a problem without the direct
intervention of Supplier.
“ Server ” shall mean any computer, but excluding desktops and laptops acting as a server, that provides shared processing or resources such as
printer, fax, Application processing, database, mail, proxy, firewalls, and backup capabilities to Authorized Users or other computers over the
Network. A Server includes the operating system, associated peripherals, such as local storage devices, attachments to centralized storage,
monitor, keyboard, pointing device, tape drives and external disk arrays (but not desktops and laptops), and is identified by a unique
manufacturer’s serial number.
“ Server Instances ” shall have the meaning given in the applicable Supplement.
“ Service Entitlement ” shall have the meaning set forth in the applicable Supplement.
“ Service Level(s) ” shall mean, individually and collectively, the quantitative performance standards for the Services set forth in the applicable
Supplement.
“ Service Level Credit Allocation Percentage ” shall mean the percentage of the Allocation of Pool Percentage allocated to a Critical Service
Level within a Performance Category.
“ Service Level Credits ” shall have the meaning given in Section 7.2 and the applicable Supplement.
“ Service Level Default ” shall mean a Minimum Service Level Default or an Expected Service Level Default.
“ Service Target ” shall mean a performance level to which (i) a particular service element is to be delivered and (ii) Supplier’s solution is to be
architected and designed to deliver. Service Targets are not measured for Service Level purposes, however may be reported by Supplier in
accordance with the applicable Supplement. Service Targets are listed in the applicable Supplement.
“ Service Taxes ” shall mean all sales, use, transaction based gross receipts, excise, provincial, value added, COFINS, ISS and PIS and other
similar taxes that are assessed against either Party on the final provision of the Services as a whole, or on any particular Service received by
Kraft or an Eligible Recipient from Supplier, excluding Income Taxes.
“ Services ” shall mean, collectively: (i) the services, functions and responsibilities of Supplier described in the applicable Supplements, in
Article 4 and elsewhere in this Agreement (including Transition Services, Transformation Services and Termination Assistance Services) as
they may be supplemented, enhanced, modified or replaced during the Term in accordance with this Agreement; and (ii) any ongoing Projects
required to be performed as specifically described in this Agreement and any new Projects upon Kraft’s acceptance of Supplier’s proposals for
such Projects in accordance with Section 4.6 and the other provisions of this Agreement; and (iii) any New Services, upon Kraft’s acceptance of
Supplier’s proposal for such New Services in accordance with Section 11.5 and the other provisions of this Agreement.
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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