Office Depot 2011 Annual Report Download - page 168

ATTACHMENT B
Arbitration Provisions. Except as to the right of the Company to resort to any court of competent jurisdiction to obtain injunctive
relief or specific enforcement of the Executive’s obligations of confidentiality and non-competition, any dispute or controversy
between the Company and Executive arising out of or relating to Executive’s employment or termination of employment, including
but not limited to disputes involving discrimination arising under common law, and/or federal, state and local laws, shall be settled by
arbitration administered by the American Arbitration Association (“AAA”) in accordance with its National Rules for the Resolution
of Employment Disputes then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having
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urisdiction thereof. Any arbitration shall be held before a single arbitrator who shall be selected by the mutual agreement of the
Company and Executive, unless the parties are unable to agree to an arbitrator, in which case the arbitrator will be selected under the
procedures of the AAA. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction
could order or grant, including, without limitation, the issuance of an injunction. Each party agrees to abide by and accept the final
decision of the arbitrator as to the ultimate resolution of any and all covered disputes and understands that arbitration replaces any
right to trial by a judge or jury. However, either party may, without inconsistency with this arbitration provision, apply to any court
otherwise having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until
the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this
arbitration provision or an award rendered hereunder, or to obtain interim relief, or as may otherwise be required by law, neither a
party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of
the Company and Executive. The Company and Executive acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration
Act shall govern the interpretation and enforcement of this arbitration provision. The arbitration proceeding shall be conducted in
Palm Beach County, Florida unless the parties mutually agree to another location. The Company shall pay the costs of any arbitrator
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ointed hereunder.