Neiman Marcus 2009 Annual Report Download - page 198

herein. Any such extension or waiver shall be valid if set forth in an instrument in writing signed by the party or parties to be bound
thereby. The failure of any party to assert any rights or remedies shall not constitute a waiver of such rights or remedies.
ARTICLE IX
GENERAL PROVISIONS
SECTION 9.1 Non-Survival of Representations, Warranties, Covenants and Agreements. None of the representations, warranties,
covenants and agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising
out of any breach of such representations, warranties, covenants and agreements, shall survive the Effective Time, except for (i) those
covenants and agreements contained herein that by their terms apply or are to be performed in whole or in part after the Effective
Time and (ii) this Article IX.
SECTION 9.2 Notices. All notices, requests, claims, demands and other communications hereunder shall be in writing and shall
be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by facsimile or by registered or certified
mail (postage prepaid, return receipt requested) to the respective parties at the following addresses (or at such other address for a party
as shall be specified by like notice):
(a) if to Parent or Merger Sub:
c/o Texas Pacific Group
301 Commerce Street, Suite 3300
Fort Worth, TX 76102
Attention: David Spuria
Facsimile: 817-871-4088
and
c/o Warburg Pincus Partners LLC
466 Lexington Avenue
New York, NY 10017
Attention: Scott Arenare
Facsimile: 212-922-0933
with an additional copy (which shall not constitute notice) to:
Cleary Gottlieb Steen & Hamilton LLP
One Liberty Plaza
New York, NY 10006
Attention: David Leinwand, Esq.