Neiman Marcus 2009 Annual Report Download - page 326

(c) The charge was not for a bona fide sale or delivery of NMG Goods and Services by or through a NMG
Channel;
(d) The sales slip is a duplicate of a charge slip previously paid;
(e) The price of NMG Goods and Services shown on the charge slip differs from the amount shown on the
Cardholder's copy of the sales slip;
(f) The charge or Account arose from fraud of any employee or agent in a Retail Merchant;
(g) NMG fails to provide Bank with a copy of the applicable sales slip;
(h) NMG fails to provide Bank with a properly signed sales slip;
(i) NMG fails to provide Bank with a copy of the applicable delivery invoice;
(j) NMG fails to obtain proper identification from the Cardholder at the time of the Application;
(k) NMG ships merchandise to a Cardholder at a previously unused address;
(l) The charge or Account arose from fraud of any employee or agent in a NMG call center;
(m) The charge or Account arose from the unauthorized removal of information from an NMG store or owned
facility;
(n) The charge or Account arose from the unauthorized removal of information from an NMG computer
systems; or
(o) NMG ships merchandise to a Cardholder after receiving the Cardholder's request to cease such shipment.
8.6 Exercise of Chargeback. If Bank exercises its right of chargeback, Bank may set off all amounts charged back
against any sums due to the NMG Companies under this Agreement, or Bank may demand payment from NMG for the full amount of
such chargeback. In the event of a chargeback pursuant to this ARTICLE VIII, upon payment in full of the related amount by NMG,
Bank shall immediately assign to NMG or the relevant Retail Merchant, without any representation, warranty or recourse, (i) all right
to payments of amounts charged back in connection with such Cardholder charge, and (ii) any security interest granted by the NMG
Companies under Section 19.1. Bank shall cooperate fully in any effort by the NMG Companies to collect the chargeback amount,
including by executing and delivering any document necessary or useful to such collection efforts.
8.7 No Merchant Acquirer/Processor Fees. Bank shall directly process the NMG Transactions such that the Retail
Merchants do not incur any merchant acquirer/processor or similar fees.
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