Danaher 2008 Annual Report Download - page 212

Administrator may not, without the participant’s or beneficiary’s consent, modify the terms and conditions of an Award
so as to adversely affect the participant. No amendment, suspension, or termination of the Plan will, without the
participant’s or beneficiary’s consent, terminate or adversely affect any right or obligations under any outstanding
Awards.
PRIVILEGES OF STOCK
OWNERSHIP
No participant and no beneficiary or other person claiming under or through such participant will have any right, title,
or interest in or to any shares of Common Stock allocated or reserved under the Plan or subject to any Award except as to
such shares of Common Stock, if any, that have been issued to such participant.
EFFECT ON OUTSTANDING
OPTIONS
All options outstanding under the 1987 Plan will remain subject to the terms of the 1987 Plan before its amendment into
this Plan; provided, however, that limitations imposed on such options by Rule 16b-3 will continue to apply only to the
extent Rule 16b-3 so requires.
EFFECT ON OTHER PLANS Whether receiving or exercising an Award causes the participant to accrue or receive additional benefits under any
pension or other plan is governed solely by the terms of such other plan.
LIMITATIONS ON LIABILITY Notwithstanding any other provisions of the Plan, no individual acting as a director, employee, or agent of the
Company shall be liable to any participant, former participant, spouse, beneficiary, or any other person for any claim,
loss, liability, or expense incurred in connection with the Plan, nor shall such individual be personally liable because of
any contract or other instrument he executes in such other capacity. The Company will indemnify and hold harmless
each director, employee, or agent of the Company to whom any duty or power relating to the administration or
interpretation of the Plan has been or will be delegated, against any cost or expense (including attorneys’ fees) or liability
(including any sum paid in settlement of a claim with the Board’s approval) arising out of any act or omission to act
concerning this Plan unless arising out of such person’s own fraud or bad faith.
NO EMPLOYMENT
CONTRACT
Nothing contained in this Plan constitutes an employment contract between the Company and the participants. The Plan
does not give the participants any right to be retained in the Company’s employ, nor does it enlarge or diminish the
Company’s right to terminate the participant’s employment.
APPLICABLE LAW The laws of the State of Delaware (other than its choice of law provisions) govern this Plan and its interpretation.
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Source: DANAHER CORP /DE/, 10-K, February 25, 2009 Powered by Morningstar® Document Research℠
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