Danaher 2009 Annual Report Download - page 283

7. Custodian represents and warrants that it is insured under an insurance policy in the form of Financial Institution Bond Standard Form 24, or
similar coverage, in the amount of $ 125 Million, with a deductible of $10 Million, which Custodian reasonably believes to be adequate to cover all losses
under all programs that Custodian has and shall have with DTC. Custodian will deliver promptly to DTC, if DTC so requests, a writing signed by its
insurance broker or agent which evidences the existence of such insurance coverage in such amount and with such deductible, and Custodian covenants and
agrees to maintain at its expense such insurance (or a comparable plan of insurance) in no less amount, no greater deductible, and with like coverage during
the term of this Agreement, subject to its right to cancel, decrease, or limit the same. Custodian shall notify DTC promptly in writing of any material changes
in such insurance coverage. Custodian shall, prior to the first anniversary of the date of this Agreement and prior to each succeeding anniversary of this
Agreement during its term, deliver promptly to DTC, if DTC so requests, a writing signed by its insurance broker or agent which shall evidence the amount,
deductible, and coverage of Custodian’s insurance and shall state whether or not such insurance is equivalent to Financial Institution Bond Standard Form 24.
Custodian agrees that whenever Custodian ships Securities or Certificates to DTC, Custodian shall either provide adequate insurance coverage or require such
coverage from the carrier of the Securities or Certificates, such coverage to cover losses of Securities or Certificates while in transit and until received.
Custodian shall, if DTC so requests, promptly furnish DTC with documentation evidencing the amount, deductible, and coverage of the insurance provided
by Custodian for any such shipment of Securities or Certificates.
8. Custodian agrees that it shall not for any reason, including the assertion of any claim, right, or lien of any kind, refuse or refrain from delivering any
Securities or Certificates to or as directed by DTC in accordance with the terms of this Agreement; provided, however, that if Custodian shall be served with a
notice of levy, seizure, or similar notice, order, or judgment, issued or directed by a governmental agency or court, or an officer thereof, having jurisdiction
over Custodian, which on its face affects Securities evidenced by Certificates in the possession of Custodian pursuant to the provisions hereof, Custodian
may, pending further direction of such governmental agency or court, refuse or refrain from delivery or making available to DTC in contravention of such
notice or levy, seizure, or similar notice, order, or judgment, Securities not greater in amount than the Securities which are affected by such notice of levy,
seizure, or similar notice, order, or judgment on the face thereof.
Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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