Neiman Marcus 2009 Annual Report Download - page 322

(d) Throughout the Term, Primary Servicer shall maintain a disaster recovery and business continuity plan
with respect to its operations under the Program that complies with Applicable Law and is consistent with plans maintained for its
Comparable Partner Programs. Primary Servicer shall be prepared to and have the ability to implement such plan if necessary.
Primary Servicer shall provide NMG with access to review such plan, which shall be considered Confidential Information, upon
request. Primary Servicer shall test the plan annually and shall promptly implement such plan upon the occurrence of a disaster or
business interruption. Primary Servicer shall be excused from its failure to meet any applicable SLAs that result directly from the
failure of any of the NMG Systems.
7.4 Credit Systems.
(a) Bank shall ensure that [***] identified features and functionality available on the Bank Systems on the
Effective Date (including data gathering, interface capabilities with the NMG Companies' Systems, Loyalty Program support and core
systems/customer service functionality and [***] features and functionality set forth in Schedule 7.4(a)) shall remain available through
the Term.
(b) Bank shall provide and the Bank Systems shall support the Internet Services described in Section 4.8. For
the avoidance of doubt, Bank shall not be obligated to change Bank Systems to accommodate any third party Internet financing
program created pursuant to Section 2.2(f).
(c) Bank shall keep the same structure of Account numbers as was in existence on the Effective Date.
(d) Pursuant to Section 4.3(a)(v), Bank shall provide training to NMG trainers who shall then train employees
of NMG, its Subsidiaries and its Licensees who use the Bank Systems.
(e) Neither Party shall make any change to any of its Systems that would render them incompatible in any way
with the other Party's or its Affiliates' Systems or require the other Party or its Affiliates (or the Retail Merchants) to make any change
to any of their Systems (including any POS terminals) or reduce or restrict interfacing or System feeds, in any such case without the
prior approval of the Management Committee. Neither Party will make any material change to its Systems with respect to the Program
without the prior approval of the Management Committee.
(f) Bank shall maintain a disaster recovery and business continuity plan applicable to the Bank Systems
operated in connection with the Program that complies with Applicable Law and is consistent with plans maintained for its
Comparable Partner Programs. Bank shall be prepared to and have the ability to implement such plan if necessary. Bank shall
provide NMG with access to review such plan, which shall be considered Confidential Information, upon request. Bank shall test the
plan annually and shall promptly implement such plan upon the occurrence of a disaster or business interruption.
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