Neiman Marcus 2008 Annual Report Download - page 736

hereunder and given a full and complete release of any and all liability by all relevant parties relating to such claim, suit or action, but
shall not agree to any other settlement or compromise unless Bank consents in writing, which consent shall not be unreasonably
withheld (it being agreed that any failure of an Bank to consent to any settlement or compromise involving relief other than monetary
damages shall not be deemed to be unreasonably withheld), and (ii) Bank may settle or compromise any such claim, suit or action
solely for an amount not exceeding One Thousand Dollars ($1,000), but shall not settle or compromise any other matter without the
prior written consent of Servicer, which consent shall not be unreasonably withheld.
Section 7.03. Notice and Additional Rights and Limitations.
(a) If Bank fails to give prompt notice of any claim being made or any suit or action being commenced in respect of which
indemnification under this Section 7.03 may be sought, such failure shall not limit the liability of Servicer; provided, however, that
this provision shall not be deemed to limit Servicer's rights to recover from Bank for any loss, cost or expense which it can establish
resulted from such failure to give prompt notice.
(b) This Section 7.03 shall govern the obligations of the Parties with respect to the subject matter hereof but shall not be
deemed to limit the rights that either Party might otherwise have at law or in equity.
(c) Notwithstanding anything to the contrary in this Agreement, no Party shall be liable to the other for punitive or
exemplary damages relating to or arising out of this Agreement, any breach hereof or any of the transactions provided for therein,
unless Bank shall have become liable to a third party for such amounts.
Section 7.04. Limits on Indemnification. Notwithstanding anything to the contrary set forth in this article, Servicer shall
not have any obligation to indemnify Bank in respect of any breach of a representation or warranty under Section 7.01(a) unless and
until the Deductible Amount of Damages has been incurred in the aggregate by Bank in respect of breaches of representations and
warranties under Section 7.01(a). After Bank incurs in aggregate the Deductible Amount of Damages in respect of breaches of
representations and warranties under Section 7.01(a), Servicer shall indemnify Bank in accordance with this Article VII to the extent
of the full amount of such Damages.
ARTICLE VIII
MISCELLANEOUS
Section 8.01. Confidentiality
(a) General Confidentiality.
(i) For purposes of this Agreement, "Confidential Information" means any of the following: (i) information that is
provided by or on behalf of either Servicer or the Household Companies to the other Party or its agents in connection with
providing Services hereunder (including information provided prior to the date hereof or the Effective Date); (ii) information
about Servicer or the Household Companies or their
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