Neiman Marcus 2009 Annual Report Download - page 294

(c) Bank shall fund all Cardholder Indebtedness on the Accounts.
(d) Bank shall have the exclusive right to effect collection of Cardholder Indebtedness, except as set forth in
the Servicing Agreement, and shall notify Cardholders to make payment directly to it in accordance with its instructions; provided,
however, that Bank at its option may make all collections for its account using a Program name which includes the name of NMG and,
if Bank so elects, the name of Bank, and may direct all checks to be made payable to "NMG" or, with NMG approval, another name
combined with the name NMG. NMG grants to Bank a limited power of attorney (coupled with an interest) to sign and endorse
NMG's name upon any form of payment that may have been issued in NMG's name in respect of any Account.
(e) Notwithstanding the foregoing, the NMG Companies shall accept payments made with respect to an
Account (i) in an NMG Companies' store as provided in Section 8.3, (ii) by telephone through the ACH Pay by Phone system and (iii)
online through the Program Website.
(f) With respect to all Account Documentation, NMG Servicer, shall hold and retain the Account
Documentation following the Effective Date as bailee for the sole benefit of Bank.
(i) From time to time following the Effective Date, NMG Servicer shall deliver such Account
Documentation as requested by Bank. NMG Servicer will use reasonable efforts to accommodate Bank's
shorter requested time frames, but in any event such deliveries will be made no later than the following
time frames: (i) for statements, fifteen (15) days; (ii) for non-cash payment information, ten (10) days; (iii)
for cash payment information, five (5) Business Days, (iv) for application information, twenty (20) days;
(v) for sales slips, twenty (20) days; and (vi) for all other Account Documentation, thirty (30) days. NMG
Servicer shall effect delivery of the requested Account Documentation at its sole cost and expense, unless
otherwise determined by the Management Committee; provided, that in connection with any litigation, all
Account Documentation shall be provided within fifteen (15) days rather than the timeframes set forth
above.
(ii) In discharging its bailment duties hereunder, NMG Servicer agrees to utilize such document
storage, safekeeping and security methods in accordance with Applicable Law. All Account
Documentation shall be housed at NMG Servicer's operations centers or other facilities designated by
NMG Servicer. Without limiting any of their obligations under this Agreement, NMG agrees to maintain
the Account Documentation for a period that complies with the document retention policy set forth in
Schedule 4.4(f).
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