Mondelez 2012 Annual Report Download - page 397

6.3 Information to be Furnished to Committee . The Employers shall furnish the Committee such data and information as may be required
for it to discharge its duties and the records of the Employers shall be conclusive on all persons unless determined to be incorrect. Participants
and other persons entitled to benefits under the Plan must furnish to the Committee such evidence, data or information as the Committee
considers desirable to carry out the Plan.
6.4 Committee’s Decision Final . Any interpretation of the Plan and any decision on any matter within the discretion of the Committee
made by the Committee (or its duly authorized delegate) shall be binding on all persons. A misstatement or other mistake of fact shall be
corrected when it becomes known, and the Committee shall make such adjustment on account thereof as it considers equitable and practicable. A
benefit shall be payable under the Plan only to the extent that the Committee determines that the Participant or other person is entitled to such
benefit under the terms of the Plan.
SECTION 7
Amendment and Termination
7.1 Amendment and Termination
. Each of the Company and MCEB, acting separately, have the right to amend the Plan from time to time,
and the right to terminate it; provided, however, that no such amendment or termination of the Plan will:
7.2 Merger . No Employer will merge or consolidate with any other corporation, or liquidate or dissolve, without making suitable
arrangements, satisfactory to the Committee, for the payment of any benefits payable under the Plan.
7.3 Rights Not Limited by Section 409A . For the avoidance of doubt, the rights reserved to the Company and the Employers under this
Section 7 shall not be subject to any limitation or restriction merely because the exercise of such rights may result in adverse tax consequences to
Participants or other persons under Code Section 409A or any other tax law.
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(a) reduce or impair the interests of Participants in benefits being paid under the Plan as of the date of amendment or termination, as the
case may be; or
(b) reduce the aggregate amount of benefits payable from the Plan and from any other plan, program or arrangement established to
supplement or replace the Plan to or on account of any employee of an Employer to an amount which is less than the amount to
which he would be entitled in accordance with the provisions of the Plan if the employee terminated employment immediately prior
to the date of the amendment or termination, as the case may be.