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AMENDMENT 1 <br /> TO <br /> OFFICE AND EDUCATIONAL CONSUMABLES CONTRACT <br /> NO.: 618-000-11-1 <br /> This Amendment 1 ("Amendment") to OFFICE AND EDUCATIONAL CONSUMABLES <br /> CONTRACT NO.: 618-000-11-1 dated October 18, 2010, (the "Contract") is made and entered <br /> into as of December_, 2010, ("Amendment Effective Date") between Office Depot, Inc., <br /> ("Contractor") and the State of Florida, Department of Management Services ("Department"), <br /> Division of State Purchasing, an agency of the State of Florida. <br /> The parties hereby agreed to amend that certain Contract between the Department and Office <br /> Depot, including any schedules and exhibits thereto, as amended. Capitalized terms not <br /> otherwise defined in this Amendment will have the same meaning as set forth in the Contract. <br /> Any provision not specifically modified by this Amendment shall remain in full force and effect. <br /> Should there be a conflict between the terms and conditions of this Amendment and the terms <br /> and conditions of the Contract, the terms and conditions of the Amendment shall control. <br /> The parties hereby amend the Contract as follows: <br /> 1. In addition to the Core, Non-Core, and Generic Core and Generic Non-Core <br /> commodities available for purchase from the Contract, ("Contract Items"), the <br /> parties agree that Contractor may offer items that are not available for purchase <br /> from the Contract ("Non-Contract Items") on Contractor's Business Solutions <br /> Department website located at https://business.officedepot.com . <br /> 2. Contract Items shall be clearly designated as "Contract Items" in the online <br /> catalog. Non-Contract Items shall have no designation. This distinction shall be 1 <br /> plainly identified on the Contractor's online bulletin board. <br /> 3. Non-Contract items may be purchased off the Contract at market competitive <br /> prices. <br /> 4. Individual purchasing entities may elect to exclude Non-Contract Items on the <br /> online catalog for their respective purchases. <br /> • <br /> WHEREFORE, the parties have caused their duly authorized representatives to execute this <br /> Amendment as of the date of last signature below. <br /> OFFICE DEPOT, INC. STATE OF FLORIDA <br /> DEPARTMENT OF MANAGEMENT <br /> SERVICES <br /> By: By: <br /> Print Name: Print Name: <br /> Title: Title: <br />