Danaher 2008 Annual Report Download - page 313

held with the Company during the 24 months preceding the termination of my employment or relationship with the Company or in which I would have
responsibility for and access to confidential information similar or relevant to that which I had access to during the 24 months preceding the termination of my
employment or relationship with the Company in any geographic territory over which I had Company responsibilities during the 24 months preceding the
termination of my employment or relationship with the Company.
(d) I agree that during my employment or relationship with the Company and for a period of 24 months thereafter, I will not, nor will I assist any third
party to, directly or indirectly (i) solicit, encourage or attempt to persuade any employee or independent contractor of the Company, or any person who was an
employee or independent contractor of the Company during the 6 months preceding the termination of my employment or relationship with the Company, who
possesses or had access to Confidential Information of the Company, to leave the employ of or terminate a relationship with the Company; (ii) interfere with
the performance by any such persons of their duties for the Company; or (iii) communicate with any such persons for the purposes described in Paragraph
6(b)(i) and (ii).
(e) I agree that during my employment or relationship with the Company, and for a period of 12 months thereafter, I will not, directly or indirectly, on
behalf of myself or any other person, company or entity, utilize or reveal confidential contract or relationship terms with any vendor or customer used by or
served by the Company at any time during the 24 months preceding the termination of my employment or relationship with the Company.
(f) I agree that during my employment or relationship with the Company, and for a period of 12 months thereafter, I will not, directly or indirectly, on
behalf of myself or any other person, company or entity, interfere with or assist any third party in interfering with, the relationship of the Company with any
vendor utilized by the Company at any time during the 24 months preceding the termination of my employment or relationship with the Company.
(g) I agree that during my employment or relationship with the Company and for a period of 12 months thereafter I will not directly or indirectly, on
behalf of myself or any other person, company or entity, participate in the planning, research or development of any products or services, competitive with
products or services of the Company, excluding general industry knowledge, for which I had product or service planning, research or development
responsibilities during the 24 months preceding the termination of my employment or relationship with the Company.
(h) I agree that during my employment or relationship with the Company, and for a period of 12 months thereafter, I will not, directly or indirectly,
become employed or engaged by or affiliated with any person, company or entity that was a vendor or customer of the Company, during the 24 months
preceding the termination of my employment or relationship with the Company, in any capacity in which I would work with or support products or services
competitive with or similar to the products, services, or support offered by, performed by, developed by or created by me for the Company during the 24
months preceding the termination of my employment or relationship with the Company.
(i) I agree that nothing in this Section 6 shall limit my obligations under Paragraph 1 of this Agreement. Further, I understand and agree that during my
employment or work relationship and the restricted time periods thereafter designated in this Agreement, while I may gather information to investigate other
employment opportunities, I understand and agree that I shall not make plans or prepare to compete, solicit or take on activities which are in violation of this
Agreement.
7. Best Efforts. I agree that during my employment or relationship with the Company, I will devote my best efforts to the performance of my duties and the
advancement of the Company and shall not engage in any other employment, profitable activities, or other pursuits which would cause me to disclose or utilize
the Company’s Confidential Information, or reflect adversely on the Company. This obligation shall include, but is not limited to, obtaining the Company’s
consent prior to performing tasks for customers of the Company outside of my customary duties for the Company, giving speeches or writing articles, blogs,
or posts, about the business of the Company, improperly using the name of the Company or identifying my association or position with the Company in a
manner that reflects unfavorably upon the Company. I further agree that I will not use, incorporate, or otherwise create any business entity or organization or
domain name using any name confusingly similar to the name Danaher Corporation or the name of any affiliate of Danaher or any other name under which
any such entities does business.
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Source: DANAHER CORP /DE/, 10-K, February 25, 2009 Powered by Morningstar® Document Research℠
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