Neiman Marcus 2009 Annual Report Download - page 295

4.5 Branding of Accounts/Credit Cards/Cardholder Documentation/Solicitation Materials.
(a) The Cardholder Documentation and the Solicitation Materials shall be in the design and format proposed
by the NMG Companies and approved by the Management Committee; provided that Bank shall be responsible for ensuring that the
Cardholder Documentation and the Solicitation Materials comply with Applicable Law and for ensuring that the Solicitation Materials
comply with the Cardholder Documentation.
(b) Bank shall be responsible for, and bear the cost of the design, development and delivery (other than
delivery at NMG Channels) of the Cardholder Documentation; provided that, to the extent that changes to the design or format of
Cardholder Documentation results in the per unit cost of such Cardholder Documentation being materially greater than the cost in
effect as of the Effective Date (as adjusted by CPI), the Management Committee shall allocate the increased costs resulting from such
changes in Cardholder Documentation between the Parties.
(c) NMG Licensed Marks shall appear prominently on the face of the NMG Credit Cards. The NMG Credit
Cards shall not bear Bank's Licensed Marks; provided, however, the Bank's name will appear on the back of the card in order to
identify Bank as the credit provider under the Program, together with any other disclosures required by Applicable Law.
4.6 Underwriting and Risk Management.
(a) (i) Bank shall accept or reject any Application based solely upon application of the then-current Risk
Management Policies applicable to the relevant channel. Upon satisfaction of the applicable credit criteria
set forth in the Risk Management Policies, Bank shall promptly establish a Private Label Account and/or a
Non-Card Payment Plan, as applicable.
(ii) Bank shall have the right, power and privilege to review periodically the creditworthiness of
Cardholders to determine the range of credit limits to be made available to an individual Cardholder and
whether or not to suspend or terminate credit privileges of such Cardholder; provided, however, [***].
(iii) For the avoidance of doubt, Risk Management Policies with respect to periodically reviewing the
creditworthiness of Cardholders to determine the range of credit limits to be made available to an
individual Cardholder and whether or not to suspend or terminate credit privileges of such Cardholder may
be developed at a segment and aggregate Account level using statistically valid segmentation and credit
risk management actions, and when ultimately applied shall be done so on an individual Account basis;
provided, however, that, unless (A) either an NMG Credit Event or a [***] shall have occurred and shall be
continuing and (B) in the
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