Neiman Marcus 2008 Annual Report Download - page 553

14.3 Retailer that has a Credit Card with Bank 66
14.4 Co-Branded Credit Card 66
14.5 Conversion of Purchased Accounts 67
14.6 No Other NMG Obligations 67
ARTICLE XV EVENTS OF DEFAULT; RIGHTS AND REMEDIES 68
15.1 Events of Default 68
15.2 Defaults by Bank 68
15.3 Defaults by the NMG Companies 69
15.4 Remedies for Events of Default 70
ARTICLE XVI TERM/TERMINATION 70
16.1 Term 70
16.2 Termination by NMG Prior to the End of the Initial Term or a Renewal Term 70
16.3 Termination by Bank Prior to the End of the Initial Term or a Renewal Term 71
16.4 Automatic Termination 71
ARTICLE XVII EFFECTS OF TERMINATION 72
17.1 General Effects. 72
17.2 The NMG Companies' Option to Purchase the Program Assets. 72
17.3 Fair Market Value 73
17.4 Dedicated Program Personnel 74
17.5 Rights of Bank if Purchase Option Not Exercised. 74
ARTICLE XVIII INDEMNIFICATION 75
18.1 NMG Indemnification of Bank 75
18.2 Bank Companies' Indemnification of the NMG Companies 76
18.3 Procedures. 77
18.4 Notice and Additional Rights and Limitations. 78
ARTICLE XIX MISCELLANEOUS 78
19.1 Precautionary Security Interest 78
19.2 Securitization, Participation or Pledge of Cardholder Indebtedness. 78
19.3 Assignment 79
19.4 Sale or Transfer of Accounts 79
19.5 Subcontracting 79
19.6 Sales and Use Tax 79
19.7 Amendment 79
19.8 Non-Waiver 80
19.9 Severability 80
19.10 Waiver of Jury Trial and Venue 80
19.11 Governing Law; Compliance with Law. 80
19.12 Specific Performance 80
19.13 Captions 81
19.14 Notices 81
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