Mondelez 2012 Annual Report Download - page 411

1.7 Gender and Number
. Where the context admits, words in any gender shall include any other gender, words in the singular shall include
the plural and the plural shall include the singular.
1.8 Action by Employers . Any action required of or permitted to be taken by the Company or by any other Employer shall be by its Board
of Directors or by a committee or other person or persons authorized by its Board of Directors.
1.9 Severability of Plan Provisions . In the event any provision of the Plan shall be held invalid or illegal for any reason, any invalidity or
illegality shall not affect the remaining parts of the Plan, but the Plan shall be construed and enforced as if the invalid or illegal provision had
never been inserted, and the Company shall have the right to correct and remedy such questions of invalidity or illegality by amendment as
provided in the Plan.
1.10 Notices . Any notice or document required to be filed with the Committee under the Plan will be properly filed if delivered or mailed
by registered mail, postage prepaid, to the Committee (or its delegate), in care of the Company, at its principal executive offices. Any notice
required under the Plan may be waived by the person entitled to notice.
1.11 Defined Terms . Terms used frequently with the same meaning are indicated by initial capital letters, and are defined throughout the
Plan. Appendix A contains an alphabetical listing of such terms and the locations in which they are defined. Unless the context clearly implies or
indicates the contrary, a word, term or phrase used in the Plan with an initial capital letter which is not otherwise defined in the Plan shall have
the meaning used or defined in the Thrift Plan (as defined in Section 3) or the Retirement Plan (as defined in Section 4), as applicable.
1.12 Separate Programs . For purposes of applying section 72 of the Code, the Plan consists of a separate program of interrelated
contributions and benefits that constitutes a defined contribution arrangement and a separate program of interrelated contributions and benefits
that constitutes a defined benefit arrangement. Section 3 describes the eligibility conditions and benefit amounts available under the separate
program that constitutes a defined contribution arrangement. Section 4 describes the eligibility conditions and benefit amounts available under
the separate program that constitutes a defined benefit arrangement. The two programs shall each constitute a separate contract for purposes of
section 72 of the Code.
1.13 IRS Annual Compensation Limit . The term “ IRS Annual Compensation Limit ”
means, with respect to any Plan Year, the limit on
the annual compensation that may be taken into account under the Thrift Plan or the Retirement Plan for such year under Code section 401(a)
(17).
SECTION 2
Participation
2.1 Participation . Subject to the conditions and limitations of the Plan, each individual who has met the eligibility and enrollment
requirements set forth in subsection 3.1 or 4.1 shall become a “ Participant ” as of the date on which he meets such requirements.
3