Mondelez 2012 Annual Report Download - page 353

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party, to avoid the application of Section 409A of the Code in a particular circumstance or that is necessary or desirable to satisfy any of
the requirements under Section 409A of the Code, but the Company shall not be under any obligation to make any such amendment.
Nothing in the Plan shall provide a basis for any person to take action against the Company or any affiliate based on matters covered by
Section 409A of the Code, including the tax treatment of any amount paid or Award made under the Plan, and neither the Company nor
any of its affiliates shall under any circumstances have any liability to any participant or his estate for any taxes, penalties or interest due
on amounts paid or payable under the Plan, including taxes, penalties or interest imposed under Section 409A of the Code.
(h) If any provision of the Plan is held invalid or unenforceable, the invalidity or unenforceability shall not affect the remaining parts of the
Plan, and the Plan shall be enforced and construed as if such provision had not been included.
(i) The Plan was approved by stockholders and became effective on May 20, 2009. No Awards shall be made after May 20, 2019, provided
that any Awards granted prior to that date may extend beyond it.