Neiman Marcus 2010 Annual Report Download - page 158
Download and view the complete annual report
Please find page 158 of the 2010 Neiman Marcus annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.-
1 -
2
-
3
-
4
-
5
-
6
-
7
-
8
-
9
-
10
-
11
-
12
-
13
-
14
-
15
-
16
-
17
-
18
-
19
-
20
-
21
-
22
-
23
-
24
-
25
-
26
-
27
-
28
-
29
-
30
-
31
-
32
-
33
-
34
-
35
-
36
-
37
-
38
-
39
-
40
-
41
-
42
-
43
-
44
-
45
-
46
-
47
-
48
-
49
-
50
-
51
-
52
-
53
-
54
-
55
-
56
-
57
-
58
-
59
-
60
-
61
-
62
-
63
-
64
-
65
-
66
-
67
-
68
-
69
-
70
-
71
-
72
-
73
-
74
-
75
-
76
-
77
-
78
-
79
-
80
-
81
-
82
-
83
-
84
-
85
-
86
-
87
-
88
-
89
-
90
-
91
-
92
-
93
-
94
-
95
-
96
-
97
-
98
-
99
-
100
-
101
-
102
-
103
-
104
-
105
-
106
-
107
-
108
-
109
-
110
-
111
-
112
-
113
-
114
-
115
-
116
-
117
-
118
-
119
-
120
-
121
-
122
-
123
-
124
-
125
-
126
-
127
-
128
-
129
-
130
-
131
-
132
-
133
-
134
-
135
-
136
-
137
-
138
-
139
-
140
-
141
-
142
-
143
-
144
-
145
-
146
-
147
-
148 -
149 -
150 -
151 -
152 -
153 -
154 -
155 -
156 -
157 -
158 -
159 -
160 -
161 -
162 -
163 -
164 -
165 -
166 -
167 -
168 -
169
-
170
-
171
-
172
-
173
-
174
-
175
-
176
-
177
-
178
-
179
-
180
-
181
-
182
-
183
-
184
-
185
 |
 |
Exhibit 10.38
Form of
CONFIDENTIALITY, NON-COMPETITION
AND TERMINATION BENEFITS AGREEMENT
This Confidentiality, Non-Competition and Termination Benefits Agreement ("Agreement") is entered into effective as of
(date) between (Executive) and The Neiman Marcus Group, Inc., a Delaware corporation ("NMG"). All capitalized terms used but not
defined herein shall have the meanings assigned to them in Appendix A, which is attached hereto and incorporated fully herein by
reference.
WHEREAS, Executive has recently been hired to the position of (position); and
WHEREAS, Executive is employed "at will" as (position) and either Executive or NMG may terminate Executive's
employment at any time, with or without notice, and for any reason; and
WHEREAS, by virtue of his/her position and responsibilities, Executive will have unique access to, and knowledge of,
NMG's trade secrets and other confidential and proprietary business information; and
WHEREAS, Executive's association with NMG to the exclusion of its competitors has enhanced NMG's goodwill and
Executive's earning capacity; and
WHEREAS, NMG and Executive mutually desire to protect NMG's goodwill created by Executive's association with NMG
and NMG's trade secrets and other confidential and proprietary business information, and in recognition of the possible interruption of
Executive's earnings after the end of his/her NMG employment;
NOW, THEREFORE, in consideration of the promises and undertakings of the parties set out herein, and intending to be
legally bound, Executive and NMG agree as follows:
1. (a) While Executive is employed at-will by NMG, if (i) NMG terminates Executive's employment for any reason other
than for "Cause," his/her "Total Disability," or his/her death, or Executive terminates his/her employment for "Good Reason" in
accordance with Paragraph 1(e), and (ii) the Executive's termination of employment also constitutes a separation from service under
Treasury Regulation Section 1.409A-l(h), then, subject to Paragraphs l(c) and 1(d) below, NMG shall provide Executive with benefits
("Termination Benefits") consisting of:
(1) an amount equivalent to one and one-half (1½) times his/her then-current annual base salary, less required
withholding, which amount would be paid over an eighteen-month period (hereinafter, the "Salary Continuance Period") in
regular, bi-weekly installments beginning with the first payroll period immediately following such termination; and
1