Mondelez 2012 Annual Report Download - page 531

(d) Trustee, at the expense of the Trust or the Company, may hire agents, accountants, actuaries, investment advisors, financial consultants
or other professionals to assist it in performing any of its duties or obligations hereunder.
(e) Trustee shall have, without exclusion, all powers conferred on Trustees by applicable law, unless expressly provided otherwise herein,
provided, however, that if an insurance policy is held as an asset of the Trust, Trustee shall have no power to name a beneficiary of the policy
other than the Trust, to assign the policy (as distinct from conversion of the policy to a different form) other than to a successor Trustee, or to
loan to any person the proceeds of any borrowing against such policy.
(f) Notwithstanding the provisions of Section (e) above, Trustee may loan to Company the proceeds of any borrowing against an insurance
policy held as an asset of the Trust.
(g) Notwithstanding any powers granted to Trustee pursuant to this Trust Agreement or to applicable law, Trustee shall not have any power
that could give this Trust the objective of carrying on a business and dividing the gains therefrom, within the meaning of section 301.77012 of
the Procedure and Administrative Regulations promulgated pursuant to the Internal Revenue Code.
(h) Trustee shall have no responsibility with respect to: (i) the truth or accuracy of any representation or warranty made in any application
or related document provided to the insurer in connection with the issuance or renewal of any insurance policies or insurance contracts, including
any representation that the person on whose life an application is being made is eligible to have a contract issued on his or her life; (ii) the
selection or monitoring (ongoing periodic) of any insurance policies or insurance contracts held in the Trust or the insurers issuing such policies
or contracts; (iii) the payment of premiums with respect to such policies or contracts; or (iv) the exercise of any rights relating to any such
policies or contracts except as directed in writing by Company.
(i) Upon the expiration of ninety (90) days from the date of Trustee’s annual, quarterly or any other account, the Trustee shall be forever
released and discharged from all liability and further accountability to Company or any other person with respect to the accuracy of such
accounting and all acts and failures to act of Trustee reflected in such account, except to the extent that Company shall, within such 90-day
period, file with Trustee specific written objections to the account. Neither Company, any participant nor any other person shall be entitled to
any additional or different accounting by Trustee and Trustee shall not be compelled to file in any court any additional or different accounting.
For purposes of regulations promulgated by the Federal Deposit Insurance Corporation (“FDIC”), Trustee’s account statements shall be
sufficient information concerning securities transactions effected for the Trust, provided that Company, upon written request, shall have the right
to receive at no additional cost written confirmations of such securities transactions, which shall be mailed or otherwise furnished by the Trustee
within the timeframe required by applicable regulations.
(j) Trustee shall have no duty or responsibility not expressly set forth in this Trust Agreement. By way of example, but without limiting the
matters subject to the foregoing sentence, Trustee shall have no responsibility with respect to the administration or interpretation of the Plan,
payment of Plan benefits other than from the assets of the Trust, withholding of taxes other than from payments made with Trust assets to Plan
participants, or maintaining participant records with respect to the Plan.
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