American Home Shield 2010 Annual Report Download - page 326

(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.
ServiceMaster Consumer Services Limited
Partnership
By its General Partner, ServiceMaster Consumer
Services, Inc.
[Company]
By:
By:
Name: Name:
Title: Title:
Address: 860 Ridge Lake Blvd., Suite 300 Address:
City, State, Zip: Memphis, Tennessee 38120 City, State, Zip:
Effective Date:
Proprietary and Confidential © 2008 by The ServiceMaster Company. All rights reserved.
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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 11
Policies
This is Exhibit 11, Policies, 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.
Attached to this Exhibit 11 are the Customer Group policies and procedures of general application. These policies and procedures are
part of the Services and Service Provider must comply with these policies and procedures in accordance with Section 3.2 of the Master
Agreement. Where a policy or procedure refers to a duty or obligation of Customer or a member of the Customer Group, that duty or
obligation also applies to Service Provider.
The following attachments are incorporated by reference in this Exhibit:
Attachment 11-1, ServiceMaster Handbook dated May 1, 2007 [portions omitted]
Attachment 11-2, ServiceMaster BSC IT Change Management Policy revision 5.1 [portions omitted]
Attachment 11-3, ServiceMaster Document Retention Requirements dated July 14, 2008 (in the event of a conflict between
Attachment 11-3 and Section 9.7(h) of the Master Agreement, Section 9.7(h) controls) [portions omitted]
The Customer Group policies and procedures of general application also include the following privacy policies and background
screening requirements, which are incorporated by reference in this Exhibit (in the event of conflict between Attachments 11-4
through 11-8 and "Customer Security Requirements" Exhibit, the "Customer Security Requirements" Exhibit controls):
Attachment 11-4, Merry Maids Privacy Policy printed March 6, 2008
Attachment 11-5, ServiceMaster Privacy Policy printed March 6, 2008
Attachment 11-6, Terminix Privacy Policy printed March 6, 2008
Attachment 11-7, TruGreen Privacy Policy printed March 6, 2008
Attachment 11-8, AHS Privacy Policy printed March 6, 2008
Attachment 11-9, ServiceMaster Background Screening Requirements [portions omitted]