Office Depot 2012 Annual Report Download - page 126

Title 5: Term and termination of the Agreement
The Agreement is agreed for a term of two years which may be renewed for a term to be defined by the Parties.
The Parties undertake to meet, at the latest three months before the expiry of the initial period, in order to discuss whether or not to
renew the Agreement.
ABN AMRO COM FIN may terminate the Agreement with 15 (fifteen) days’ notice, sent by registered letter with acknowledgment
of receipt in the event of:
The Client may terminate the Agreement may with 15 (fifteen) days’ notice, sent by registered letter with acknowledgment of receipt
in case of any serious failure by ABN AMRO COM FIN to fulfil its contractual obligations, including any actions by ABN AMRO
COM FIN that may prevent the Client’s rights from being exercised.
Unless agreed otherwise by ABN AMRO Commercial Finance, outstanding financed amount during this notice period may not
exceed that which exists on the date of termination.
The termination of the Agreement, and after balancing of the transactions shall automatically lead to the termination of any collateral
granted in the framework of the aforementioned Agreement and ABN AMRO COM FIN undertakes to grant any release with effect at
the date of the balancing of the transactions.
Title 6: Transfer of this Agreement
Any total or partial transfer, in any form whatever, of the benefit of the provisions of this Agreement by the Client to a third party
shall be subject to the explicit prior consent of ABN AMRO COM FIN.
Title 7: Jurisdiction and applicable law
Any dispute relating to the execution, interpretation or termination of this Agreement shall be referred to the Paris Commercial Court
(Tribunal de Commerce), French law being exclusively applicable.
Title 8: Confidentiality
Each Party undertakes that for the duration of the Agreement and as from its end or termination to:
(i) Unless stipulated otherwise by law and/or regulations of the parties and/or group, maintain confidential the clauses of this
Agreement at all times and ensure that its employees, agents, representatives and external advisors do the same (by exception, the
financing partners of the Client shall be informed by ABN AMRO COM FIN of the existence of this Agreement);
(ii) Refrain from using or disclosing any information of a financial, technical or commercial nature that it could obtain in regard of the
business, the company, the goods, the services, the Clients and the suppliers of the other Party, with the exception of the information
that:
Title 9: Effective start of the Agreement
The Agreement shall be effective once it has been signed.
Signed in Senlis, on February 24, 2012
In two original copies supplied to each Party.
Authorised signature and company stamp
/s/Michel Milicent
Michel Milicent
-chan
g
e of control of the Client or the OFFICE DEPOT Grou
p
;
-si
g
nificant unfavourable event affectin
g
the Client or the OFFICE DEPOT Grou
p
;
- any serious failure by the Client to fulfil its contractual obligations, including any actions by the Client that may prevent ABN
AMRO COM FIN’s ri
g
hts from bein
g
exercised.
-is
p
ublicl
y
available without it bein
g
a result of a breach of the reci
p
ient Part
y
; or
-is made
p
ublicl
y
available b
y
an order, a directive or a decision from a court or another com
p
etent authorit
y
;
- were in
p
ossession b
y
the reci
p
ient Part
y
before its disclosure;
- would be su
pp
lied to such Part
y
b
y
a third
p
art
y
which did not ac
q
uire such information under a confidentialit
y
undertakin
g
.