American Home Shield 2010 Annual Report Download - page 347

12. Effect on Agreement. The sole purpose of this Addendum is to facilitate Customer's compliance with 45 CFR § 164.504.
This Addendum is not intended to, nor shall it be construed to, reduce or diminish any of Business Associate's or Customer's
obligations under the Agreement. Accordingly, except as to the extent expressly inconsistent with this Addendum, all other terms of
the Agreement shall remain in full force and effect and shall not be modified, diminished or reduced hereby. In the event of a conflict
between the provisions of this Business Associate Agreement and the Agreement, then the more restrictive provisions shall apply.
There are no intended third party beneficiaries under this Addendum, other than the members of the Customer Group.
13. Assignment. The Addendum will be binding on the Parties and their respective successors and permitted assigns. Neither
Party may, or will have the power to, assign the Addendum (or any rights hereunder) except in accordance with Section 17.7 of the
Master Agreement. Any attempted assignment that does not comply with the terms of this paragraph shall be null and void.
IN WITNESS WHEREOF, the Parties hereto have caused this Business Associate Addendum to be executed as of the date and year
hereinafter written.
SERVICEMASTER CONSUMER SERVICES, L.P.
By:
Name:
Title:
Date:
INTERNATIONAL BUSINESS MACHINES CORPORATION
By:
Name:
Title:
Date:
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 13
Customer Competitors
This is Exhibit 13, Customer Competitors, 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. This Exhibit 13 lists the entities that are Customer Competitors. Customer may modify this Exhibit 13 [***].
American Home Shield
[***]
AmeriSpec
[***]
ServiceMaster Clean Business Services
[***]
ServiceMaster Clean Disaster Restoration
[***]
Furniture Medic
[***]
Terminix
[***]
TruGreen
[***]