Neiman Marcus 2008 Annual Report Download - page 245

however, that nothing herein shall release (i) any obligation of NMG under Sections 5(c), 7, 16 or 22 of the Employment Agreement
or Section 3, 5 or 9 of the CIC Agreement as applicable, (ii) any obligation of Newton Acquisition, Inc. under Section 5(c) of the
Employment Agreement and Section 10 of the Letter Agreement (as defined in the Employment Agreement) or (iii) any right of
indemnification or to director and officer liability insurance coverage under any of the company's organizational documents or at law
under any plan or agreement and applicable to the Employee.
In addition, nothing in this Release is intended to interfere with the Employee's right to file a charge with the Equal
Employment Opportunity Commission in connection with any claim the Employee believes he may have against the NMG Releasees.
However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring
before the Equal Employment Opportunity Commission or any state human rights commission or in any proceeding brought by the
Equal Employment Opportunity Commission or any state human rights commission on the Employee's behalf. In addition, this
release is not intended to interfere with the Employee's right to challenge that his waiver of any and all ADEA claims pursuant to this
Release is a knowing and voluntary waiver, notwithstanding the Employee's specific representation to the NMG Group that he has
entered into this Agreement knowingly and voluntarily.
5. NMG Release. The NMG Group on behalf of itself and its subsidiaries, affiliates, divisions, successors, assigns,
officers, directors, agents, partners and current and former employees, including without limitation the Majority Stockholders and
Newton Holding, LLC (collectively, the "Releasors") agrees to and does hereby irrevocably and unconditionally release, acquit and
forever discharge the Employee, and his heirs, executors, administrators, representatives, successors and assigns (hereinafter
collectively referred to as the "Employee Releasees"), with respect to and from any and all charges, complaints, claims, liabilities,
obligations, promises, agreements, controversies, damages, remedies, causes of action, suits, rights, demands, costs, losses, debts, and
expenses (including attorneys' fees and costs) of any kind whatsoever, known or unknown, whether in law or equity and whether
arising under federal, state or local law, which the Releasors had, now have, or may have or claim to have in the future against each or
any of the Employee Releasees by reason of any matter, course or thing whatsoever from the beginning of the world until the date of
execution of this Release; provided, however, that nothing herein shall release the Employee from (i) obligations or restrictions arising
under or referred to or described in the Employment Agreement and nothing herein shall impair the right or ability of NMG to enforce
such provisions in accordance with the terms of the Employment Agreement, or (ii) any claims arising out of the Employee's fraud or
willful misconduct in connection with the conduct of the business of the NMG Group.
6. Bar. The Employee acknowledges and agrees that if he should hereafter make any claim or demand or commence
or threaten to commence any action, claim or proceeding against the NMG Releasees with respect to any cause, matter or thing which
is the subject of the release under Paragraph 4 of this Release (other than a claim brought under ADEA), this Release may be raised as
a complete bar to any such action, claim or proceeding, and the applicable NMG Releasee may recover from the Employee all costs
incurred in connection with such action, claim or proceeding, including attorneys' fees. The NMG Group acknowledges and agrees
that if it should hereafter make any claim or demand or commence or threaten to
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