Neiman Marcus 2008 Annual Report Download - page 602

(g) The Cardholder refuses to pay the charge based on a dispute regarding accuracy of the material NMG Charge Transaction
Data or the charge slip is illegible with respect to such NMG Charge Transaction Data or is missing information in any material
respect.
8.6 Exercise of Chargeback. If Bank exercises its right of chargeback, Bank may set off all amounts charged back against any
sums due to the NMG Companies under this Agreement, or Bank may demand payment from NMG for the full amount of such
chargeback. In the event of a chargeback pursuant to this Article VIII, upon payment in full of the related amount by NMG, Bank shall
immediately assign to NMG or the relevant Retail Merchant, without any representation, warranty or recourse, (i) all right to payments
of amounts charged back in connection with such Cardholder charge, and (ii) any security interest granted by the NMG Companies
under Section 19.1. Bank shall cooperate fully in any effort by the NMG Companies to collect the chargeback amount, including by
executing and delivering any document necessary or useful to such collection efforts.
8.7 No Merchant Discount. None of NMG, its Affiliates or the Retail Merchants shall be required to pay any Merchant Discount
on any NMG Transaction. Bank shall directly process the NMG Transactions such that the Retail Merchants do not incur any
merchant acquirer/processor or similar fees.
ARTICLE IX
PROGRAM ECONOMICS
9.1 NMG Compensation.
(a) Payments.
(i) Not later than 1:00 pm (Central time) on each Business Day, Bank shall pay to NMG an amount equal to the amount
set forth on Schedule 9.1(a)(i) with respect to the Accounts other than the Non-Store Accounts.
(ii) Not later than 1:00 pm (Central time) on the tenth (10th) Business Day after the end of each Fiscal Month, Bank shall
pay NMG the amounts determined in accordance with Schedule 9.1(a)(ii) with respect to the Accounts other than the Non-Store
Accounts.
(iii) Not later than 1:00 pm (Central time) on the tenth (10th) Business Day following the receipt of the Year-End
Settlement Sheet, each Party shall pay to the other Party the amounts, if any, determined in accordance with such Year-End Settlement
Sheet.
(iv) On the dates and times agreed to by the Parties with respect to the Dual-Line Credit Cards pursuant to Section 2.2(c)
(ii), Bank shall pay to NMG the amounts payable with respect to such Dual-Line Credit Cards.
(v) Such amounts shall be paid to NMG or Bank, as the case may be, regardless of whether any amounts are disputed by
Bank or NMG. For the avoidance of doubt, any such payment shall not be deemed a waiver of, or in any other way limit, a Party's
right to pursue any dispute with respect to such payment in accordance with the terms of this Agreement and each of Bank or NMG
may invoke the dispute resolution procedures set forth herein following payment of such amounts.
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