Neiman Marcus 2009 Annual Report Download - page 320

component thereof, as shall be mutually agreed upon by the Parties. The financial information set forth in reports from Bank reflecting
information with respect to economic matters (including any information required to determine amounts payable pursuant to Article
IX, any information used in determining Bank's or the Program's revenues or expenses for purposes of determining Profit Sharing Post
MP RAM, Post MP RAM (including for risk management purposes), any components thereof or any other relevant definitions) shall
be derived from its General Ledger (GL) and/or its supporting financial accounting subsystems.
(b) Within[***] after the end of each Program Month other than the last Program Month of each Program
Year, NMG Servicer shall deliver to Bank a statement, in the form set forth on Schedule 7.1(b), setting forth all information required
to determine the payments to be made by the Parties pursuant to this Agreement in respect of such Program Month. Each such
statement shall be known as a "Monthly Settlement Sheet."
(c) Within [***] after the end of each Program Quarter, NMG Servicer shall deliver to Bank a statement, in
the form set forth on Schedule 7.1(c), setting forth all information required to determine the payments to be made by the Parties
pursuant to this Agreement in respect of such Program Quarter. Each such statement shall be known as a "Quarterly Settlement
Sheet".
(d) Within [***] after the end of each Program Year, NMG Servicer shall deliver to Bank a statement, in the
form set forth on Schedule 7.1(d), setting forth all information required to determine the payments to be made by the Parties pursuant
to this Agreement in respect of the last Program Month of such Program Year and any annual payments to be made in respect of such
Program Year. Each such statement shall be known as a "Year-End Settlement Sheet".
7.2 Servicing.
(a) As Services are transferred by NMG to Primary Servicer pursuant to the Servicing Agreement, Primary
Servicer shall perform such transferred Services in accordance with the terms and conditions of this Agreement, the Risk Management
Policies and the Operating Procedures. Without limiting the foregoing, Primary Servicer shall service the Accounts in compliance
with Applicable Law, in such a way as to not disparage or embarrass the NMG Companies or their names, with a level of service to
Cardholders and with no less care and diligence than the degree of care and diligence employed by NMG prior to the Effective Date.
In addition, without limiting the foregoing, with respect to the Services to be performed by Primary Servicer, Primary Servicer agrees
that it shall perform such functions with no less care and diligence than that degree of care and diligence employed by it in servicing
the Comparable Partner Programs.
(b) Upon transfer by NMG of any services pursuant to the Servicing Agreement, the Primary Servicer shall
accept appointment as servicer with respect to such Services and shall be required to meet the SLAs applicable to Primary Servicer for
such Services set forth in Schedule 7.3(a) (as such SLAs may be amended from time to time in accordance with this Agreement).
Upon the date of the foregoing transfer, NMG shall be released from any further obligation with respect to the performance of such
Services. In the event that customer
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