Neiman Marcus 2008 Annual Report Download - page 239

18. Injunctive Relief. The Executive acknowledges and agrees that NMG would not have an adequate remedy
at law and would be irreparably harmed in the event that any of the provisions of Paragraphs 8, 9, and 10 were not performed in
accordance with their specific terms or were otherwise breached. Accordingly, the Executive agrees that NMG shall be entitled to
equitable relief, including preliminary and permanent injunctions and specific performance, in the event the 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 the Executive, but shall be in addition to all other remedies available to NMG at law or equity.
19. Binding Effect; No Assignment by the Executive; No Third Party Benefit. This Agreement shall be
binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and assigns; provided,
however, that the Executive shall not assign or otherwise transfer this Agreement or any of his rights or obligations herein. NMG is
authorized to assign or otherwise transfer this Agreement or any of its rights or obligations herein to an Affiliate of NMG. The
Executive shall not have any right to pledge, hypothecate, anticipate, or in any way create a lien upon any payments or other benefits
provided under this Agreement; and no benefits payable under this Agreement shall be assignable in anticipation of payment either by
voluntary or involuntary acts, or by operation of law, except by will or pursuant to the laws of descent and distribution. Nothing in this
Agreement, express or implied, is intended to or shall confer upon any person other than the parties, and their respective heirs, legal
representatives, successors, and permitted assigns, any rights, benefits, or remedies of any nature whatsoever under or by reason of
this Agreement.
20. Assumption by Successor. NMG shall require any successor or assignee (whether direct or indirect, by
purchase, merger, consolidation, or otherwise) to all or substantially all the business and/or assets of NMG, by agreement in writing in
form and substance reasonably satisfactory to the Executive, expressly, absolutely, and unconditionally to assume and agree to
perform this Agreement in the same manner and to the same extent that NMG would be required to perform it if no such succession or
assignment had taken place. If NMG fails to obtain such agreement by the effective time of any such succession or assignment, such
failure shall be considered Good Reason; provided, however, that the compensation to which the Executive would be entitled upon a
termination for Good Reason pursuant to Paragraph 7(e) shall be the sole remedy of the Executive for any failure by NMG to obtain
such agreement. As used in this Agreement, "NMG" shall include any successor or assignee (whether direct or indirect, by purchase,
merger, consolidation, or otherwise) to all or substantially all the business and/or assets of NMG that executes and delivers the
agreement provided for in this Paragraph 20 or that otherwise becomes obligated under this Agreement by operation of law.
21. Arbitration. All disputes and controversies arising under or in connection with this Agreement shall be
settled by arbitration conducted before one arbitrator sitting in Dallas, Texas, or such other location agreed by the parties hereto, in
accordance with the rules for expedited resolution of employment disputes of the American Arbitration Association then in
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