Neiman Marcus 2008 Annual Report Download - page 771

ADDENDUM 4 TO THE
SIXTH AMENDMENT TO THE CREDIT
CARD PROGRAM AGREEMENT
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 I 00 pm (Central time) on the last Business Day of April and October each calendar year,
Bank shall pay NMG the amounts determined in accordance with Schedule 9.1(a)(iii) with respect to Accounts other than the Non-
Store Accounts.
(iv) 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.
(v) 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.
(vi) 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.