Neiman Marcus 2002 Annual Report Download - page 122

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entitled to equitable relief, including preliminary and permanent injunctions and specific performance, in the event Executive breaches
or threatens to breach any of the provisions of such paragraphs, without the necessity of posting any bond or proving special damages
or irreparable injury. Such remedies shall not be deemed to be the exclusive remedies for a breach or threatened breach of this
Agreement by Executive, but shall be in addition to all other remedies available to NMG at law or equity. Executive acknowledges
and agrees that NMG shall be entitled to recover its attorneys' fees, expenses, and court costs, in addition to any other remedies to
which it may be entitled, in the event he breaches this Agreement. Executive acknowledges and agrees that no breach by NMG of this
Agreement or failure to enforce or insist on its rights under this Agreement shall constitute a waiver or abandonment of any such
rights or defense to enforcement of such rights.
6. If the provisions of paragraphs 2 or 3 of this Agreement are ever deemed by a court to exceed the limitations
permitted by applicable law, Executive and NMG agree that such provisions shall be, and are, automatically reformed to the maximum
limitations permitted by such law.
7. This Agreement contains the entire agreement between the parties and supersedes all prior agreements and
understandings, oral or written, with respect to the ending of Executive's at-will employment and the subject matter of this Agreement.
This Agreement may not be changed orally. It may be changed only by written agreement signed by the party against whom any
waiver, change, amendment, modification or discharge is sought to be enforced. This Agreement is to be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement shall be determined
by a court to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, shall remain in full
force and effect, and shall be enforceable to the fullest extent permitted by applicable law.
8. The validity, performance and enforceability of this Agreement shall be determined and governed by the laws of the
State of Texas, without regard to its conflict of laws principles. NMG and Executive agree that the exclusive forum for any action
concerning this Agreement shall be in a court of competent jurisdiction in Dallas County, Texas, with respect to a state court, or the
Dallas Division of the United States District Court for the Northern District of Texas, with respect to a federal court. EXECUTIVE
HEREBY CONSENTS TO THE EXERCISE OF JURISDICTION OF A COURT IN THE EXCLUSIVE FORUM AND WAIVES
ANY RIGHT HE MAY HAVE TO CHALLENGE OR CONTEST THE REMOVAL AT ANY TIME BY NMG TO FEDERAL
COURT OF ANY SUCH ACTION HE MAY BRING AGAINST IT IN STATE COURT. EXECUTIVE AND NMG FURTHER
HEREBY MUTUALLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION CONCERNING THIS AGREEMENT.
9. Executive's promises and obligations under this Agreement shall survive the end of his employment with NMG, and
such promises and obligations shall inure to the benefit of any Affiliates, subsidiaries, divisions, successors, or assigns of NMG.
THE NEIMAN MARCUS GROUP, INC.
/s/ James E. Skinner By: /s/ Marita O'Dea
James E. Skinner Marita O'Dea, Senior Vice President
6