Mondelez 2013 Annual Report Download - page 244

(c) all decisions with respect to future LTIP Award grants, if any, will be at the sole discretion of the Committee;
(d) the Participant’s participation in the LTI Plan is voluntary;
(e) the LTIP Awards and the shares of Common Stock subject to the LTIP Award are not intended to replace any pension rights or
compensation;
(f) the LTIP Award and the shares of Common Stock subject to the LTIP Award and the income and the value of the same are not part of
normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service
payments, bonuses, long-service awards, pension, retirement or welfare benefits;
(g) the future value of the underlying shares of Common Stock is unknown, indeterminable and cannot be predicted with certainty;
(h) no claim or entitlement to compensation or damages shall arise from forfeiture of the LTIP Award resulting from the failure to reach
Performance Goals or termination of the Participant’s employment by the Company or the Employer (for any reason whatsoever, whether or not
later found to be invalid or in breach of employment laws in the jurisdiction where the Participant is employed or the terms of his or her
employment agreement, if any), and in consideration of the LTIP Award to which the Participant is otherwise not entitled, the Participant
irrevocably agrees never to institute any claim against the Company, any of its Affiliates or the Employer, waives his or her ability, if any, to
bring any such claim, and releases the Company, any of its Affiliates or the Employer from any such claim; if, notwithstanding the foregoing,
any such claim is allowed by a court of competent jurisdiction, then, by participating in the LTI Plan, the Participant shall be deemed irrevocably
to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claim;
(i) unless otherwise provided in the Plan or by the Company in its discretion, the LTIP Award and the benefits evidenced by this
Agreement do not create any entitlement to have the LTIP Award or any such benefits transferred to, or assumed by, another company, or to be
exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Company’s Common Stock; and
(j) the following provisions apply only if the Participant is providing services outside the United States:
(A) the LTIP Award and the shares of Common Stock subject to the LTIP Award are not part of normal or expected compensation or
salary for any purpose; and
(B) neither the Company, the Employer nor any Affiliate shall be liable for any foreign exchange rate fluctuation between the
Participant’s local currency and the United States Dollar that may affect the value of the LTIP Award or any shares of Common Stock delivered
to the Participant upon vesting of the LTIP Award or of any proceeds resulting from the Participant’s sale of such shares.
7. Data Privacy . By participating in the LTI Plan and in exchange for receiving the LTIP Award, the Participant hereby explicitly and
unambiguously consents to the collection, use and transfer, in electronic or other form, of the Participant’
s personal data as described in this
Agreement (
“Data”) and any other LTIP Award grant materials by and among, as applicable, the Employer, the Company and its Affiliates
for the exclusive purpose of implementing, administering and managing the Participant
’s participation in the LTI Plan.
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