Mondelez 2014 Annual Report Download - page 191

Participant’s adhering to the Non-Competition Agreement and the Non-Solicitation Agreement. Should the Participant violate the Non-
Competition Agreement or Non-Solicitation Agreement, the Participant will be obligated to pay back to the Employer the net amounts payable
to the Participant pursuant to this Plan and the Employer will have no further obligation to pay the Participant any payments that may be
remaining due under this Plan.
3.8. Non-Disparagement. Upon a Change in Control and termination of employment under the circumstances described in Section 3.2(a), the
obligations of the Mondelēz Group to pay or provide the Separation Benefits are contingent on the Participant’s adhering to certain non-
disparagement provisions. The Participant agrees that the Participant will not disparage, discredit or otherwise treat in a detrimental manner the
Mondelēz Group or its officers, directors and employees.
3.9 General Release of Claims. Upon a Change in Control and termination of employment under the circumstances described in Section 3.2(a),
the obligations of the Mondelēz Group to pay or provide the Separation Benefits are contingent on the Participant’s (for him/herself, his/her
heirs, legal representatives and assigns) execution and non-revocation of a general release in the form and substance to be provided by Employer
with the general release becoming effective and non-revocable within 30 days (52 days if Participant’s termination of employment occurs as the
result of a group termination) following the Participant’s termination of employment and receipt of the general release, releasing the Mondelēz
Group and its officers, directors, agents and employees from any claims or causes of action of any kind that the Participant might have against
any one or more of them as of the date of this Release, regarding his/her employment or the termination of that employment. The Participant
understands that this Release applies to all claims (s)he might have under any federal, state or local statute or ordinance, or the common law, for
employment discrimination, wrongful discharge, breach of contract, violations of Title VII of the Civil Rights Act of 1964, the Civil Rights Act
of 1991, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Employee Retirement Income Security Act,
the Americans With Disabilities Act, or the Family and Medical Leave Act, and all other claims related in any way to Participant’s employment
or the termination of that employment.
3.10. Non-Exclusivity of Rights. Nothing in this Plan shall prevent or limit the Participant’s continuing or future participation in any plan,
program, policy or practice provided by the Mondelēz Group and for which the Participant may qualify, nor, subject to Section 6.2, shall
anything herein limit or otherwise affect such rights as the Participant may have under any contract or agreement with the Mondelēz Group.
Amounts or benefits that the Participant is otherwise entitled to receive under any plan, policy, practice or program of or any contract or
agreement with the Mondelēz Group will be payable in accordance with such plan, policy, practice or program or contract or agreement, except
as explicitly modified by this Plan.
4. Successor to Company
This Plan shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or
otherwise), in the same manner and to the same extent that the Mondelēz Group would be obligated under this Plan if no succession had taken
place.
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