Mondelez 2012 Annual Report Download - page 330

“ Unanticipated Change ” shall have the meaning set forth in Section 11.7 .
“ Upgrade ” and its derivatives shall mean the updates, renovations, enhancements, additions and/or new versions or releases of Software or
Equipment by Supplier. Unless otherwise agreed, financial responsibility for the costs, fees and expenses associated with an Upgrade of
Software or Equipment shall be allocated between the Parties in accordance with Sections 6.4 and the applicable Supplement.
“US Telecom Management Fee”
the differential between the applicable Supplement pricing for applicable US Telecom Resource Units and the
AT&T Charges to Kraft, as per the applicable Supplement.
“Virtualization Software” shall mean Software that enables multiple Instances or Application environments to be installed and operational on
one or more physical Servers.
“ WAN ” or “ Wide Area Network ” shall mean a long haul, high speed transmission Network, consisting of WAN Equipment, Software,
Transport Systems, and Interconnect Devices that are used to create, connect and transmit data, voice and video signals to within, between or
among: (i) LANs; (ii) and non-Kraft locations that do business with Kraft and for which Kraft is responsible for allowing Connectivity.
“ WAN Equipment ” shall mean the Equipment and associated attachments, features, accessories, peripherals and Cabling supported or used by
Supplier in connection with its provision of WAN Services to the Authorized Users (e.g., routers, multiplexors, access circuits, backbone
circuits, channel banks, CSU/DSUs, and associated diagnostic equipment), and all additions, modifications, substitutions, Upgrades or
enhancements to such Equipment.
“Warehouse Devices” shall have the meaning given in the applicable Supplement.
“ WARN Act ” shall have the meaning set forth in Section 8.11.2 .
“ welfare plans ” shall have the meaning set forth in Section 8.2.2 .
“ Whole Unit Spares ” shall mean Desktop and Laptop devices used by EDS for the repair of EDS supported End User Desktops and Laptops.
“ Whole Unit Spare Credit ” shall mean a monthly credit that will be provided to Kraft by EDS to reimburse Kraft for its acquisition costs
associated with the Whole Unit Spare devices managed by EDS as part of the EUC Equipment Inventory Pool.
“ Wiring ” or “ Wire ”
shall mean the physical wire connection within walls, between floors and between buildings terminating in a wall jack or
other equipment that allows a cable to be connected.
“ Yearly Performance Average ”
shall mean, with respect to each Critical Service Level for which there was a Service Level Default during the
preceding Contract Year, the average of the Supplier’s average monthly performances in the Critical Service Level during the preceding
Contract Year.
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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