Neiman Marcus 2003 Annual Report Download - page 299

members of the Board, and the term "subsidiary of the Corporation" shall mean a subsidiary corporation as defined in Section 424 of
the Internal Revenue Code of 1986, as amended. In all respects, questions of interpretation and application of the Plan and of this
Agreement shall be determined by a majority of the Committee, as it may from time to time be constituted, and the determinations of
such majority shall be final and binding upon all persons.
9. Choice of Law; Exclusive Forum; Consent to Jurisdiction; Waiver of Right to Contest Removal and to Jury Trial. The
validity, performance and enforceability of this Agreement shall be determined and governed by the laws of the State of Texas,
without regard to its conflict of laws principles. The exclusive forum for any action concerning this Agreement or the transactions
contemplated hereby shall be in a court of competent jurisdiction in Dallas County, Texas, with respect to a state court, or the Dallas
Division of the United States District Court for the Northern District of Texas, with respect to a federal court. THE EMPLOYEE
HEREBY CONSENTS TO THE EXERCISE OF JURISDICTION OF A COURT IN THE EXCLUSIVE FORUM AND WAIVES
ANY RIGHT HE OR SHE MAY HAVE TO CHALLENGE OR CONTEST THE REMOVAL AT ANY TIME BY THE
CORPORATION TO FEDERAL COURT OF ANY SUCH ACTION HE OR SHE MAY BRING AGAINST IT IN STATE COURT.
THE EMPLOYEE AND THE CORPORATION FURTHER HEREBY MUTUALLY WAIVE THEIR RIGHT TO TRIAL BY JURY
IN ANY ACTION CONCERNING THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY.
EXECUTED at Dallas, Texas, as of the date appearing in the first paragraph of this Agreement.
THE NEIMAN MARCUS GROUP, INC.
By
Nelson A. Bangs,
Senior Vice President & General Counsel
, Employee
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