Neiman Marcus 2003 Annual Report Download - page 199

4. The Termination Benefits constitute all of Bergdorf's obligations to Executive with respect to the end of Executive's employment
with Bergdorf. However, nothing in this Agreement is intended to limit any earned, vested benefits (other than any entitlement to
severance or separation pay, if any) that Executive may have under the applicable provisions of any benefit plan of Bergdorf in which
Executive is participating at the time of his termination of employment or resignation.
5. Executive acknowledges and agrees that Bergdorf would not have an adequate remedy at law and would be irreparably harmed in
the event that any of the provisions of paragraphs 2 or 3 of this Agreement were not performed in accordance with their specific terms
or were otherwise breached. Accordingly, Executive agrees that Bergdorf shall be entitled to equitable relief, including preliminary
and permanent injunctions and specific performance, in the event Executive breaches or threatens to breach any of the provisions of
such paragraphs, without the necessity of posting any bond or proving special damages or irreparable injury. Such remedies shall not
be deemed to be the exclusive remedies for a breach or threatened breach of this Agreement by Executive, but shall be in addition to
all other remedies available to Bergdorf at law or equity. Executive acknowledges and agrees that Bergdorf shall be entitled to recover
its attorneys' fees, expenses, and court costs, in addition to any other remedies to which it may be entitled, in the event he breaches this
Agreement. Executive acknowledges and agrees that no breach by Bergdorf of this Agreement or failure to enforce or insist on its
rights under this Agreement shall constitute a waiver or abandonment of any such rights or defense to enforcement of such rights.
6. If the provisions of paragraphs 2 or 3 of this Agreement are ever deemed by a court to exceed the limitations permitted by
applicable law, Executive and Bergdorf agree that such provisions shall be, and are, automatically reformed to the maximum
limitations permitted by such law.
7. This Agreement contains the entire agreement between the parties and supersedes all prior agreements and understandings, oral or
written, with respect to the ending of Executive's at-will employment and the subject matter of this Agreement. This Agreement may
not be changed orally. It may be changed only by written agreement signed by the party against whom any waiver, change,
amendment, modification or discharge is sought to be enforced. This Agreement is to be construed as a whole, according to its fair
meaning, and not strictly for or against any of the parties. If any provision of this Agreement shall be determined by a court to be
invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, shall remain in full force and
effect, and shall be enforceable to the fullest extent permitted by applicable law.