Mondelez 2014 Annual Report Download - page 134

would not be a “service recipient” with respect to the Grant within the meaning of the regulations under Section 409A of the Code or
(ii) becomes eligible for Normal Retirement and subsequently transfers to a subsidiary or affiliate of the Company that would not be a “service
recipient” with respect to the Grant within the meaning of the regulations under Section 409A of the Code, then the Employee’s Deferred Stock
Units shall be paid to the Employee at such time in accordance with Section 7 (based on the value of shares of Common Stock at the time of
payment), subject to a six-month delay from the date treated as a separation from service within the meaning of Section 409A(a)(2)(A)(i) of the
Code.
9. Restrictions and Covenants .
(a) In addition to such other conditions as may be established by the Company or the Committee, in consideration for making a Grant
under the terms of the Plan, the Employee agrees and covenants as follows for a period of twelve (12) months following the date of Employee’s
termination of employment from the Mondelēz Group:
The provisions contained herein in Section 9 are not in lieu of, but are in addition to the continuing obligation of the Employee (which Employee
acknowledges by accepting any Grant under the Plan) to not use or disclose the Mondelēz Group’s trade secrets or Confidential Information
known to the Employee until any particular trade secret or Confidential Information becomes generally known (through no fault of
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1. to protect the Mondelēz Group’s legitimate business interests in its confidential information, trade secrets and goodwill,
and to enable the Mondelēz Group’s ability to reserve these for the exclusive knowledge and use of the Mondelēz
Group, which is of great competitive importance and commercial value to the Mondelēz Group, the Employee, without
the express written permission of the Executive Vice President of Human Resources of the Company, will not engage in
any conduct in which Employee contributes his/her knowledge and skills, directly or indirectly, in whole or in part, as
an executive, employer, employee, owner, operator, manager, advisor, consultant, agent, partner, director, stockholder,
officer, volunteer, intern or any other similar capacity to a competitor or to an entity engaged in the same or similar
business as the Mondelēz Group, including those engaged in the business of production, sale or marketing of snack
foods (including, but not limited to gum, chocolate, confectionary products, biscuits or any other product or service
Employee has reason to know has been under development by the Mondelēz Group during Employee’s employment
with the Mondelēz Group). Employee will not engage in any activity that may require or inevitably require Employee’s
use or disclosure of the Mondel
ē
z Group
’
s confidential information, proprietary information and/or trade secrets;
2. to protect the Mondelēz Group’s investment in its employees and to ensure the long-term success of the business,
Employee, without the express written permission of the Mondelēz Group, will not directly or indirectly solicit, hire,
recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Mondelēz Group;
and
3. to protect the Mondelēz Group’s investment in its development of good will and customers and to ensure the long-term
success of the business, Employee will not directly or indirectly solicit (including, but not limited to, e-mail, regular
mail, express mail, telephone, fax, instant message and SMS text messaging) or attempt to directly or indirectly solicit,
contact or meet with the current or prospective customers of the Mondelēz Group for the purpose of offering or
accepting goods or services similar to or competitive with those offered by the Mondel
ē
z Group.