American Home Shield 2010 Annual Report Download - page 303

(a) shall at all times be Confidential Information;
(b) shall not be offered into evidence, disclosed, or used for any purpose other than negotiations to settle the
applicable Dispute; and
(c) will not constitute an admission or waiver of rights.
3.2 Tolling. The exercise of these Dispute Resolution Procedures to resolve a Dispute shall toll the running of any statue
of limitations applicable to that Dispute, effective as of the initial meeting pursuant to these Dispute Resolution Procedures
specifically regarding the Dispute.
3.4 No Waiver of Right of Termination. The requirements of these Dispute Resolution Procedure are not and will not
constitute a waiver of any right of termination under the Agreement.
3.5 Consent. The Parties unconditionally agree that any order, judgment or award of a court or tribunal issued under
these Dispute Resolution Procedures may be enforced against any Party in or by any jurisdiction where the Party is located or where
Services under the Agreement are being performed. Further, the Parties unconditionally agree that, with respect to any order,
judgment or award of a court or tribunal for injunctive or equitable relief issued under these Dispute Resolution Procedures (and
subject to the provisions of the Agreement limiting or prohibiting a Party's ability to obtain injunctive or equitable relief), such order,
judgment or award may also be enforced against a Party's Affiliates in or by any jurisdiction in where the Affiliates are located or
where Services under the Agreement are being performed. The Parties and their respective Affiliates hereby consent generally to the
jurisdiction of any court of competent jurisdiction for any action filed by a Party to enforce any such order, judgment or award for
injunctive or equitable relief and waive all formalities and any objection that any such action or proceeding has been brought in an
inconvenient forum.
3.6 Governing Law. The law governing the Master Agreement shall govern this Exhibit.
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Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted
portions subject to the confidential treatment request are designated by three asterisks ([***]). A complete version of this
agreement has been separately filed with the Securities and Exchange Commission.
Exhibit 8
Form of Procedures Manual
This is Exhibit 8, Form of Procedures Manual, to that certain First Amended and Restated Master Services Agreement, dated as of
November 1, 2010, between ServiceMaster Consumer Services, L.P. and International Business Machines Corporation. Unless
defined in this Exhibit, capitalized terms have the meanings set forth in the Master Agreement or the "Definitions" Exhibit to the
Master Agreement.
Exhibit 8 begins on the following page.
[***] [24 pages omitted]
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