Neiman Marcus 2005 Annual Report Download - page 182
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person claiming under or through any Participant, in the absence of clear and convincing evidence that the Committee acted arbitrarily
and capriciously. Any individual serving on the Committee who is a Participant will not vote or act on any matter relating solely to
himself or herself. When making a determination or calculation, the Committee shall be entitled to rely on information furnished by a
Participant, a beneficiary, or an Employer. The Committee shall be deemed to be the Plan administrator with responsibility for
complying with any reporting and disclosure requirements of ERISA.
7.2 Powers, Duties, Procedures, Etc. The Committee may adopt such rules and regulations as it deems necessary,
desirable or appropriate in administering the Plan so long as they are not inconsistent with the terms of the Plan. Any act which this
Plan authorizes or requires the Committee to do may be done by a majority of the members of the Committee acting hereunder; and
the action of such majority of the members of the Committee, expressed from time to time by a vote at a meeting or in writing without
a meeting, shall constitute the action of the Committee and shall have the same effect for all purposes as if assented to by all of the
members of the Committee at the time in a regular or special meeting. A dissenting Committee member who, within a reasonable
time after he or she has knowledge of any action or failure to act by the majority, registers his or her dissent in writing delivered to the
other Committee members and the Company shall not be responsible for any action or failure to act. The Committee may elect one of
its members as chairman and it may appoint a secretary who may, but need not be, a Committee member. In addition, the Committee
may appoint other agents and representatives, who may but need not be in the employ of the Employer, to keep its records and assist it
in doing other acts or things to be done or performed by the Committee. Any such person, corporation or firm so designated by the
Committee may, when so authorized
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