Mondelez 2012 Annual Report Download - page 363

10. Award Confers No Rights to Continued Employment—Nature of the Grant . Nothing contained in the Plan or this Agreement
shall give any employee the right to be retained in the employment of any member of the Mondelēz Group, affect the right of any such employer
to terminate any employee, or be interpreted as forming an employment or service contract with any member of the Mondelēz Group. The
adoption and maintenance of the Plan shall not constitute an inducement to, or condition of, the employment of any employee. Further, the
Optionee acknowledges, understands and agrees that:
(a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended,
suspended or terminated by the Company at any time, to the extent permitted by the Plan;
(b) the grant of the Option is voluntary and occasional and does not create any contractual or other right to receive future
grants of options, or benefits in lieu of options, even if options have been granted in the past;
(c) all decisions with respect to future option or other grants, if any, will be at the sole discretion of the Board of Directors of
the Company or the Committee;
(d) the Optionee is voluntarily participating in the Plan;
(e) the Option and the Option Shares subject to the Option are not intended to replace any pension rights or compensation;
(f) the Option and the Option Shares subject to the Option and the income and the value of same are not part of normal or
expected compensation or salary for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end of service
payments, bonuses, long-service awards, pension, retirement or welfare benefits or similar payments;
(g) the future value of the underlying shares of Common Stock is unknown, indeterminable and cannot be predicted with
certainty;
(h) if the underlying shares of Common Stock do not increase in value, the Option will have no value;
(i) if the Optionee exercises the Option and obtains shares of Common Stock, the value of those shares of Common Stock
acquired upon exercise may increase or decrease in value, even below the Grant Price;
(j) no claim or entitlement to compensation or damages shall arise from forfeiture of the Option resulting from the termination
of the Optionee’s employment or other service relationship by the Company or the Employer, and in consideration of the grant of the Option to
which the Optionee is otherwise not entitled, the Optionee irrevocably agrees never to institute any claim against the Company, any of its
subsidiaries or affiliates or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Mondelēz Group and the
Employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by
participating in the Plan, the Optionee shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all
documents necessary to request dismissal or withdrawal of such claim;
(k) as further set forth in paragraph 3 above, in the event of termination of the Optionee’s employment (whether or not later
found to be invalid or in breach of employment laws in the jurisdiction where the Optionee is employed or the terms of the Optionee’s
employment agreement, if
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