Common use of Effectiveness; Waiver Clause in Contracts

Effectiveness; Waiver. This Amendment shall be effective as of the date first written above following the execution of this Amendment by the Original Parties. Any reference in the Agreement to “this Agreement” shall hereafter be deemed to refer to the Agreement as amended by this Amendment, and any reference in the Office Depot Disclosure Schedule and the OfficeMax Disclosure Schedule to “the Agreement” shall refer to the Agreement as amended by this Amendment. Except as expressly provided in this Amendment, all references in the Agreement, the Office Depot Disclosure Schedule and the OfficeMax Disclosure Schedule to “the date hereof” and “the date of this Agreement” shall refer to February 20, 2013. The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Original Parties hereto under the Agreement.

Effectiveness; Waiver. This Amendment shall be effective as of the date first written above following the execution of this Amendment by the Original Parties. Any reference in the Agreement to “this Agreement” shall hereafter be deemed to refer to the Agreement as amended by this Amendment, and any reference in the Office Depot Company Disclosure Schedule and the OfficeMax Parent Disclosure Schedule to “the Agreement” shall refer to the Agreement as amended by this Amendment. Except as expressly provided in this Amendment, all references in the Agreement, the Office Depot Company Disclosure Schedule and the OfficeMax Parent Disclosure Schedule to “the date hereof” and “the date of this Agreement” shall refer to February 20July 25, 20132018. The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Original Parties hereto under the Agreement.