Mondelez 2012 Annual Report Download - page 451

distributed remained in the Trust, had been invested in the same manner as amounts that actually remain in the Trust, was available for
distribution at the proper time, and was or is to be offset against benefits otherwise payable from the Mondelēz Supplemental Plans at the
appropriate Distribution Date, in the manner specified in Section 3.1. To the extent that for any calendar year or portion thereof no assets remain
in the Trust, the amounts so alienated or distributed shall be deemed to have been invested as provided in Section 3.1(d). The Employee and the
Employee’s Spouse agree that the Offset Amount shall be offset against a corresponding amount of After-Tax Benefit, and shall discharge
Mondelēz’s liability to the Employee, the Employee’s Spouse or Plan Beneficiary to the extent of the corresponding pre-tax benefit otherwise
payable under the Mondelēz Supplemental Plans.
VII. Termination
7.1 This Agreement shall terminate 30 days after the date all benefits due the Employee are paid from the Mondelēz Supplemental Plans.
7.2 Notwithstanding the above, during the lifetime of the Employee, this Agreement may be terminated at any time by Mondelēz upon
providing 30 days written notice to the Employee, or by the Employee providing 30 days written notice (or such lesser period as Mondelēz may
prescribe) to Mondelēz. Any such termination shall operate on a prospective basis only and shall not operate to release the funds already in the
Trust or to otherwise alter the application of the terms of this Agreement to such funds.
VIII. Clarifications Regarding Original Enrollment Agreement
8.1 The Original Enrollment Agreement shall be interpreted and administered in accordance with the provisions of this Article VIII.
8.2 All references to “the Company” shall mean only Altria and its affiliates.
8.3 All references to “Supplemental Plans” shall mean only the Altria Plans.
IX. Clarifications Regarding Prior Enrollment Agreement
9.1 The Original Enrollment Agreement shall be interpreted and administered in accordance with the provisions of this Article IX.
9.2 All references to “the Company” shall mean only KFGI.
9.3 All references to “Supplemental Plans” shall mean only the KFGI Plans.
X. Miscellaneous
10.1 Nothing in this Agreement shall be construed to confer upon the Employee the right to continue in the employment of Mondelē
z, or to
require Mondelēz to continue the employment of the Employee.
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