American Home Shield 2010 Annual Report Download - page 301

(a) Each Party warrants that it has the right to disclose its Confidential Information, but makes no representation or warranty regarding
the accuracy or completeness of its Confidential Information. This Agreement imposes no obligation on a Party to exchange
Confidential Information or to purchase, sell, license, transfer, or otherwise make or use of any technology, services, or products.
(b) Each Party will adhere to all applicable laws and regulations of the U.S. Export Administration and will not export or re-export any
technical data or products received from the other Party, or the direct product of such technical data, to any proscribed person or
country listed in the U.S. Export Administration regulations unless properly authorized by the U.S. government.
(c) Each Party acknowledges that injury for improper disclosure of Confidential Information may be irreparable; and therefore, the
injured Party is entitled to seek immediate equitable relief, including a temporary restraining order, a temporary injunction, and/or a
preliminary injunction.
(d) This Agreement is made under, and will be construed according to, the laws of the State of Tennessee, except for the conflict of
laws provisions.Each Party submits to the personal jurisdiction of any federal or state court located in Memphis, Shelby County,
Tennessee.
(e) This Agreement does not create any agency or partnership relationship. This Agreement is not assignable or transferable without
the prior written consent of the other Party. This Agreement supersedes all prior agreements, written or verbal between the Parties,
relating to such Party's Confidential Information. All additions or modifications to this Agreement must be made in writing and signed
by both Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, successors and
assigns.
The Parties have executed this Agreement, effective as of the Effective Date, by their duly authorized representatives.
Effective Date:
ServiceMaster Consumer Services Limited
Partnership, By its General Partner,
IBM: [Company]
ServiceMaster Consumer Services, Inc.
By: By: By:
Name: Name: Name:
Title: Title: Title:
Address: 860 Ridge Lake Blvd., Suite 300 Address: Address:
City, State, Zip: Memphis, Tennessee 38120 City, State, Zip: City, State, Zip:
1