American Home Shield 2007 Annual Report Download - page 111

Download and view the complete annual report

Please find page 111 of the 2007 American Home Shield annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 146

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146

day), or three (3) business days after deposit in the U.S. Mail, certified with return receipt requested. All notices will be addressed
as follows:
If to you: If to ServiceMaster:
Jim L. Kaput The ServiceMaster Company
14252 Hawthorne Drive 860 Ridge Lake Blvd.
Lemont, IL 60439 Memphis, TN 38120
Attention: Senior Vice President,
Human Resources
31. Governing Law; Validity. The interpretation, construction and performance of this Agreement shall be
governed by and construed and enforced in accordance with the internal laws of the State of Illinois without regard to the principle
of conflicts of laws. The invalidity or enforceability of any provision of this Agreement shall not affect the validity or enforceability
of any of the other provisions of this Agreement, which other provisions shall remain in full force and effect.
SIGNED:
/S/ Jim L. Kaput
/S/ Lisa Goettel
Jim L. Kaput Lisa Goettel
Senior Vice President, Human Resources,
The ServiceMaster Company
Dated: February 26, 2007 Dated: February 9, 2007
12
Exhibit A
CONFIDENTIAL GENERAL RELEASE
A. In exchange for the payment described in Section 3 of the Confidential Separation Agreement and General
Release between you and The ServiceMaster Company, on behalf of itself, its divisions, subsidiaries, affiliates, related companies,
predecessors, successors, assigns, and their officers, directors, employees, insurers, stockholders, and agents (collectively referred
to as "ServiceMaster") dated _________________________, you agree to waive and release and forever discharge ServiceMaster
and its respective past and present directors, managers, officers, shareholders, partners, agents, employees, attorneys, servants,
parent corporations, subsidiaries, divisions, limited partnerships, affiliated corporations, and successors and assigns, and each of
them, separately and collectively ("Releasees"), from any and all existing claims, charges, complaints, liens, demands, causes of
action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, that you ever had, now have or may
hereafter claim to have against Releasees including, but not limited to, claims and causes of action arising out of or in any way
related to (i) your employment with ServiceMaster for the period beginning on or after the Effective Date of the Confidential
Separation Agreement and General Release and your last day of employment with ServiceMaster, (ii) your separation from
ServiceMaster or (iii) to any services performed for ServiceMaster, to any status, term or condition in such employment, or to any
physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of
any kind by ServiceMaster. This includes, but is not limited to, claims based on express or implied contract, covenants of good faith
and fair dealing, wrongful discharge, claims under federal, state, and local laws, regulations and ordinances, including but not
limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act and the Age
Discrimination in Employment Act, the Employee Retirement Income Security Act ("ERISA"), claims for violation of public
policy, tort or common law; and claims for additional compensation or damages or attorneys' fees. You understand that this
Agreement includes a release of all known and unknown claims to the date of this Agreement. This Release does not, however,
apply to or waive any rights Employee may have under applicable worker's compensation laws. Moreover, nothing in this
Agreement will prohibit you from filing a charge of discrimination with the Equal Employment Opportunity Commission or an
equivalent state civil rights agency.
B. You further agree that:
You have read this Agreement and understand all of its terms;
You are entering into this Agreement knowingly, voluntarily and with full knowledge of its
significance;
You have been advised to consult an attorney regarding this Agreement;