Mondelez 2012 Annual Report Download - page 526

(g) Amounts contributed to and held by the Trust in accordance with this Trust Agreement shall be held, administered and disposed of by
Trustee as provided in this Trust Agreement. Additional deposits, other than cash, made to the Trust shall be property acceptable to the Trustee.
(h) Notwithstanding anything herein to the contrary, no amount or property of any kind shall be set aside or reserved in the Trust (referred
to as a “Transfer to the Trust”
under this Section (h)), and the Trustee shall have no right to demand, and Company shall not tender, a Transfer to
the Trust to the extent that such Transfer to the Trust would be treated as a transfer of property taxable under Section 83 of the Internal Revenue
Code pursuant to Section 409A(b)(3) of the Internal Revenue Code. To the extent any Transfer to the Trust cannot be made when otherwise due
because of the foregoing sentence, such Transfer to the Trust shall instead be made on the first date subsequent to the original due date on which
it may be made without it being treated as a property transfer under Section 83 of the Internal Revenue Code pursuant to Section 409A(b)(3) of
the Internal Revenue Code. Company shall be responsible for determining compliance with this Section (h).
Section 2. Payments to Plan Participants and Their Beneficiaries.
(a) Administrator (as defined below) shall deliver to Trustee a schedule (the “Payment Schedule”) that indicates the amounts payable in
respect of each Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to Trustee for determining
the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time for payment of
such amounts. Except as otherwise provided herein, Trustee shall make payments to the Plan participants and their beneficiaries in accordance
with the Payment Schedule. The Administrator shall make provision for the reporting of any federal, state or local taxes with respect to the
payment of benefits pursuant to the terms of the Plan, and shall direct the Trustee with respect to any withholding of such taxes, and to the extent
directed by the Administrator, the Trustee shall withhold and pay amounts withheld to the appropriate taxing authorities. Company shall provide
such evidence or certifications as reasonably required by Trustee that tax reporting has been performed by Company.
(b) Administrator shall have full authority and responsibility to determine the time and amount of payment of benefits under the Payment
Schedule. In making such determination, Administrator shall be governed by the terms of the Plan.
(c) Payments by the Trustee may be made in cash or in property held under the Trust, as directed by the Administrator.
(d) Company may make distribution of benefits directly to Plan participants or their beneficiaries as they become due under the terms of
the Plan. With respect to distributions that are shown on the Payment Schedule as being due from the Trust, Company shall notify Trustee of its
decision to make payment of benefits directly prior to the time amounts are payable to participants or their beneficiaries. In addition, if the
principal of the Trust, and any earning thereon, are not sufficient to make payments of benefits in accordance with the terms of the Plan,
Company shall make the balance of each such payment as it falls due.
3