Neiman Marcus 2009 Annual Report Download - page 305

for the Accounts in the test population exceeds the [***] for the Control Population by [***] or more, the
implementation of such New Account Terms shall not be a Bank Matter.
(vii) In the event that New Account Terms are adopted as a Bank Matter pursuant to this
Section 4.7(c), then for a period of [***] commencing from the date of implementation thereof, there shall
be maintained a representative and statistically significant segment of Accounts to which such New
Account Terms shall not be applied. In the event of any future test of New Account Terms pursuant to this
Section during such period, such segment shall be deemed the Control Population. This clause (vii) shall
be applied to each successive change in New Account Terms, and the Control Group for any particular
testing of New Account Terms shall in all events be a segment of Accounts that does not include any New
Account Terms adopted as a Bank Matter (other than pursuant to Section 3.2(g)(v)) within the most
recently ended [***].
(d) Notwithstanding anything to the contrary contained in this Section 4.7 or in Article III, but without in any
way affecting Bank's rights with respect to Bank Matters referred to in Section 3.2(g)(v), (ix), (x) or (xi), no proposal to implement
New Account Terms or Existing Terms Changes which is an Unapproved Matter shall be implemented pursuant to Section 3.2(g)
(iv) or 3.2(g)(vi) (and any such implementation shall not be deemed a "Bank Matter") if either (A) no RAM Condition and no CIL
Decline is in effect at the time such change otherwise would be implemented or (B) NMG shall have delivered a termination notice
pursuant to Section 16.2(f), (g), (h) or (i).
(e) Notwithstanding anything to the contrary contained in this Section 4.7 or in Article III, in the event that an
NMG Credit Event ceases to be in effect after Bank has approved any New Account Term or Existing Term Change as a Bank Matter
pursuant to Section 3.2(g)(x) or (xi) but before notice of such New Account Term or Existing Term Change shall have been sent to
Cardholders, then, upon receipt of a written request from NMG to abandon implementation of any such New Account Term or
Existing Term Change, together with written certification that no NMG Credit Event is then in effect, Bank shall abandon such New
Account Term or Existing Term Change as so requested. In such event, NMG shall reimburse Bank for all reasonable out-of-pocket
costs incurred by Bank in order to prepare for implementation of such New Account Term or Existing Term Change.
4.8 Internet Services.
(a) Cardholder Website. Bank shall maintain an NMG-branded website for Cardholders and potential
Cardholders with the look and feel consistent with the NMG Companies' websites ("Program Website"). The Program Website shall
be accessed by links from the NMG Companies' websites and shall contain or otherwise be associated with only such material and
links as shall be agreed by the Management Committee from time to time. The NMG Companies will provide such links on (i) their
home pages, (ii) their check-out pages, and (iii) such other pages as the Management Committee shall determine from time to time.
The Program Website shall also include links back to the NMG Companies' websites, on the
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