American Home Shield 2007 Annual Report Download - page 123

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•You have received information regarding the class, unit or group of employees eligible for this
retention bonus benefit, any eligibility factors for this retention bonus benefit and any time limits
applicable to this retention bonus benefit as well as the job titles and ages of all individuals eligible
or selected for the retention bonus benefit, and the ages of all individuals in the same job
classification or organizational unit who are not eligible for or selected for this retention bonus
benefit; that list is set forth in Exhibit D;
• You have been offered forty-five (45) days to consider this Agreement;
•You have seven (7) calendar days to revoke the Agreement after you sign it. If you want to revoke
it, you must deliver a written revocation toAlicia K. Wiggs, Vice President and Associate
General Counsel, Labor & Employment, 860 Ridge Lake Blvd, Memphis, Tennessee 38120
within seven days after you sign the Agreement. If you do not revoke it, the Agreement will become
effective on the eighth day after you sign it; and
•The payment referenced in Section 3 of the Confidential Separation Agreement and General
Release is consideration for your signing this Agreement and represents a payment that you are not
otherwise entitled to receive from ServiceMaster.
C. No Admission. You and ServiceMaster acknowledge that this Agreement does not constitute an admission by
ServiceMaster of any liability or wrongdoing whatsoever.
D. Entire Agreement. You and ServiceMaster agree that this Agreement and the Exhibits, together with the Change
in Control Agreement, as defined in Section 2(d), constitute the complete understanding between you and ServiceMaster regarding
the matters herein and that no other promises or agreements regarding the matters herein, express or implied, will be binding
between you and ServiceMaster unless signed in writing by you and ServiceMaster. This Agreement fully supersedes and replaces
any and all prior agreements or understandings, if any, between you and ServiceMaster on any matter that is addressed in this
Agreement, except for the Change in Control Agreement, as defined in Section 2(d). This Agreement may not be amended except
in writing signed by you and the Senior Vice President, Human Resources of ServiceMaster.
E. Assignment. You agree that the rights and benefits provided to you under this Agreement are personal to you
and no such right or benefit will be subject to alienation, assignment or transfer except as required by law; provided, however, that
nothing in this Section will preclude you from designating a beneficiary or beneficiaries to receive any benefit payable on your
death.
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F. Severability. You and ServiceMaster agree that to the extent that any portion of this Agreement may be held to
be invalid or legally unenforceable, the remaining portions will not be affected and will be given full force and effect.
G. Arbitration. Any dispute or controversy between you and ServiceMaster, whether arising out of or relating to
this Agreement, the breach of this Agreement, or otherwise, shall be settled by arbitration in Memphis, Tennessee, administered by
the American Arbitration Association, with any such dispute or controversy arising under this Agreement being so administered in
accordance with its National Rules for the Resolution of Employment Disputes then in effect, and judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award any
remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an
injunction. However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction
over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is
rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or
an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or
results of any arbitration hereunder without the prior written consent of both parties. You and ServiceMaster acknowledge that this
Agreement evidences a transaction involving interstate commerce. Notwithstanding any choice of law provision included in this
Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.
H. No Waiver. The failure to enforce at any time any of the provisions of this Agreement, or to require at any time
performance by the other party of any of the provisions hereof, will in no way be construed to be a waiver of such provisions or to
affect either the validity of this Agreement or any part hereof or the right of either party thereafter to enforce each and every
provision in accordance with the terms of this Agreement.
SIGNED: