Mondelez 2012 Annual Report Download - page 327

“ Termination Charges ” shall mean the termination charges set forth in the applicable Supplement.
“ Third Party Contracts ”
shall mean all agreements between third parties and Kraft, an Eligible Recipient or Supplier that have been or will be
used to provide the Services to the extent a Party has financial or operational responsibility for such contracts under the applicable Supplement.
Third Party Contracts shall include all such agreements in effect as of the Commencement Date, including those contracts identified in
Schedules 12.1 and the applicable Supplement, those as to which the costs are included in the Kraft Base Case, and those as to which Supplier
received reasonable notice and/or reasonable access prior to the Commencement Date. Third Party Contracts also shall include those third party
agreements entered into by Supplier following the Commencement Date which Supplier uses to provide the Services.
“ Third Party E-Mail Services Provider ” shall mean an entity that Kraft has contracted directly to provide Microsoft Exchange and
SharePoint hosting, management and support services (collectively “Exchange & SharePoint Services”) for Kraft Authorized Users worldwide
as identified in Amendment 84. Exchange and SharePoint Services shall include the following services and related activities: server/messaging
operational management, including related functions such as incident management & request management, for the equipment that resides in the
Third Party E-Mail Services Provider’s data center hosting environment.
“ Third Party LAN Printer ” shall mean a LAN attached printer or multifunctional device that Kraft acquires directly from a Third Party other
than the Supplier or its subcontractors for Kraft sites in Kraft North America, which includes Canada, Puerto Rico, and the United States, or
specific countries in the European Union (EU) as identified in Amendment 69 and which receives the limited Services from Supplier as further
described in the applicable Supplement.
“ Third Party LAN Printer Provider ” shall mean an entity that Kraft has contracted directly to provide LAN Printers and multifunctional
devices for Kraft sites in Kraft North America, which includes Canada, Puerto Rico, and the United States, or specific countries in the European
Union (EU) as identified in Amendment 69, as further described in the applicable Supplement.
“Third Party LAN Printer Services” shall have the meaning given in the applicable Supplement.
“ Third Party Provider of EUC Equipment ” shall mean a supplier with whom Kraft has directly negotiated an agreement for the provision of
EUC Equipment.
“Third Party Litigation ” shall have the meaning given in Section 13.6.4 .
“ Third Party Materials ”
shall mean intellectual property, Third Party Software or other Materials that are owned by third parties and provided
under license to Supplier (or its Affiliates or Subcontractors) or Kraft (or the Eligible Recipients) and that have been or will be used to provide or
receive the Services.
“ Third Party Software ” shall mean all Software that is provided under license or lease to Supplier, a Subcontractor, Kraft or an Eligible
Recipient. Third Party Software also shall include all such Software that is licensed and/or leased after the Commencement Date.
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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