CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
15. NO WARRANTY. You acknowledge that Office Depot makes no express or implied representations or warranties as to the accuracy or completeness of any Confidential Information and all Confidential Information is provided on an “AS IS” basis. Office Depot shall have no liability to you relating to or arising from the use of any Confidential Information or for any errors therein or omissions therein.
16. NOTICE. All notices required to be given under this Agreement must be given in writing. Such notices shall be deemed tohave been given when delivered in person, or three (3) days after being sent by certified mail, return receipt requested,postage pre-paid, or upon delivery by reputable overnight courier, all delivery charges pre-paid, and addressed as follows:
If to Office Depot: Office Depot,
Inc. 6600 N. Military Trail
Boca Raton, Florida 33496
Attn: Office of the General Counsel
with one copy to: Office Depot Asia Holding Limited
Suite 614, Tsim Sha Tsui Centre East Wing, 66 Mody Road
Tsim Sha Tsui East, Kowloon, Hong Kong
Attn: Asia Legal Counsel
If to Company: ______________________________
______________________________
______________________________
Attn: __________________________
Either party may change its address for notice under this Agreement by giving advance
written notice to the other party as provided above.
17. SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the balance
of this Agreement shall remain in effect.
18. DISPUTE RESOLUTION. Any dispute, difference, controversy or claim arising out of or in
connection with this Agreement shall be referred to and determined by arbitration in Hong
Kong in accordance with the UNCITRAL Arbitration Rules. There shall be one arbitrator
appointed by Office Depot and you jointly. The language to be used in the arbitration shall be
English. The arbitral award shall be final and binding on both parties.
19. CHOICE OF LAW. This Agreement shall be governed by, construed and interpreted in
accordance with, the laws of the Hong Kong Special Administrative Region, without regard to
conflict of laws principles.
IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date of signature below.