Neiman Marcus 2008 Annual Report Download - page 742

have the right to assign its rights and obligations hereunder to an Affiliate. This Agreement is intended for the exclusive benefit of the
Parties hereto and their respective successors and permitted assigns, and shall not create any rights in or be enforceable by any other
Person whomsoever, other than any Person entitled to indemnification from Servicer pursuant to Article VII hereof, it being the
intention of the Parties that no other Person shall be deemed to be a third party beneficiary of this Agreement. This Agreement shall be
binding on, and enforceable against, the successors and permitted assigns of the Parties.
Section 8.17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New
York applicable to contracts made and to be performed within such State, and the obligations, rights and remedies of the parties hereunder shall be
determined in accordance with such laws.
Section 8.18. Waiver of Jury Trial and Venue.
(a) Each party hereto hereby waives all right to trial by jury in any action or proceeding to enforce or defend any rights
under this Agreement.
(b) Each party hereto hereby irrevocably submits to the jurisdiction of the United States District Court for the State of
Delaware or, if such federal jurisdiction is unavailable, in the state courts of the State of Delaware over any action arising out of this
Agreement, and each party hereto hereby irrevocably waives any objection which such party may now or hereafter have to the laying
of improper venue or forum non conveniens. Each party hereto agrees that a judgment in any such action or proceeding may be
enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other
notice in any such suit, action or proceeding with respect to this Agreement shall be effective against any party hereto if given as
provided herein.
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