Neiman Marcus 2008 Annual Report Download - page 246

commence any action, claim or proceeding against any of the Employee Releasees with respect to any cause, matter or thing which is
the subject of the release under Paragraph 5 of this Release, this Release may be raised as a complete bar to any such action, claim or
proceeding, and the applicable Employee Releasee may recover from NMG all costs incurred in connection with such action, claim or
proceeding, including attorneys' fees
7. Restrictive Covenants. The Employee acknowledges that the provisions of Sections 8, 9, 10 and 11 of the
Employment Agreement shall continue to apply pursuant to their terms.
8. Governing Law. This Release shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to conflicts of laws principles.
9. Acknowledgment. The parties hereto have read this Release, understand it, and voluntarily accept its terms, and
the Employee acknowledges that he has been advised by NMG to seek the advice of legal counsel before entering into this Release,
and has been provided with a period of twenty-one (21) days in which to consider entering into this Release.
10. Revocation. The Employee has a period of seven (7) days following the execution of this Release during which the
Employee may revoke this Release, and this Release shall not become effective or enforceable until such revocation period has
expired. If, within the ten (10) day period following such expiration, NMG or Newton Acquisition, Inc. fails to execute this Release,
then this Release shall become null and void and have no force or effect.
11. Counterparts. This Release may be executed by the parties hereto in counterparts, which taken together shall be
deemed one original.
3