Mondelez 2012 Annual Report Download - page 447

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(e) All amounts held in the Trust as of the Availability Date (and any adjustments to such amounts) shall be applied in the
manner provided above to offset the lump sum payment due from the Mondelēz Supplemental Plans on a Distribution Date,
whether or not the Employee or the Employee’s Spouse or Plan Beneficiary chooses to take an actual distribution of such
amounts from the Trust on such date or enters into a new trust agreement with Fidelity Personal Trust Company, FSB, or any
other trustee with regard to some or all of the Trust assets.
(f) If lump sum benefit payments become due under the provisions of the Mondelēz Supplemental Plans and this Agreement on
Distribution Dates occurring at different times, the Trust assets available or deemed available shall be fully applied, to the
extent of the Offset Amount at the relevant Distribution Date, to offset the benefit payments that would otherwise be due in
the order determined by Mondel
ē
z.
(g)
Notwithstanding any provisions of the Mondel
ēz Supplemental Plans or of any agreement with Altria, KFGI, or Mondelēz
made prior to the date of this Agreement to the contrary, the Employee will not be entitled to designate any beneficiary to
receive benefits under the Mondelēz Supplemental Plans following the death of the Employee other than the surviving spouse
of the Employee, except that (i) the Employee, whether or not married, may designate a beneficiary to receive his or her
benefits attributable to any portion of a Mondelēz Supplemental Plan which provides a profit-sharing, thrift or other defined
contribution benefit if the provisions of that plan allow such a designation (any such beneficiary being referred to herein as
the “Plan Beneficiary”) and (ii) certain persons may become a Plan Beneficiary pursuant to Section 6.1. If a person who is an
Employee’s Spouse under this Section 3.1(g) ceases to be legally married to the Employee, he or she shall cease to be the
Employee’s Spouse hereunder and shall cease to have any right to benefits under the Mondelē
z Supplemental Plans other than
any rights as a designated Plan Beneficiary under the defined contribution portion of a Mondelēz Supplemental Plan or as
provided in Section 6.1.
(h) All amounts in the Trust at an Availability Date that results from the death of the Employee shall be paid to the Employee’s
Spouse, except to the extent that the Employee has designated another Plan Beneficiary to receive the benefits provided under
any defined contribution portion of a Mondelēz Supplemental Plan and except to the extent amounts in the Trust are
otherwise payable under any court order binding on the Mondelē
z Supplemental Plans or on the Trustee to a person other than
the Employee’s Spouse. In the case of an Employee who has no spouse on the Availability Date resulting from the
Employee’s death, and subject to the same exceptions as are noted in the immediately preceding sentence, all amounts then
held in the Trust as well as any additional benefits that become payable under the Mondelēz Supplemental Plans on a
contemporaneous or subsequent Distribution Date shall be paid to the