Danaher 2009 Annual Report Download - page 285

15. (a) Custodian agrees to indemnify and hold harmless DTC from and against any and all losses, liabilities, claims, penalties, charges, and expenses
(including reasonable counsel fees and expenses) suffered or incurred by or asserted or assessed against DTC by reason of Custodian’s negligent action or
negligent failure to act; provided, however, that should Custodian be held to be negligent hereunder and should DTC be held to have been contributorily
negligent in connection therewith, then the aforementioned liability shall be shared between Custodian and DTC in such proportion as may be set forth in any
decision of a court or other tribunal having jurisdiction, unless Custodian and DTC shall agree in writing to share such liability in a different proportion.
(b) DTC agrees to indemnify and hold harmless Custodian from and against any and all losses, liabilities, claims, taxes, assessments, penalties,
charges, and expenses (including reasonable counsel fees and expenses) suffered or incurred by or asserted or assessed against Custodian by reason of any
action pursuant to this Agreement or following the instructions of DTC in connection with the performance of its duties under this Agreement where Custodian
has acted in good faith and without negligence; provided, however, that should Custodian be held to be negligent hereunder and should DTC be held to have
been contributorily negligent in connection therewith, then the aforementioned liability shall be shared between Custodian and DTC in such proportion as may
be set forth in any decision of a court or other tribunal having jurisdiction, unless Custodian and DTC shall agree in writing to share such liability in a
different proportion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
Bankers Trust Company THE DEPOSITORY TRUST COMPANY
(Custodian)
By: /s/ Anne Mohen By: /s/ Richard B. Nesson
Vice President Richard B. Nesson
(Title) General Counsel
(Title)
/s/ [illegible]
(Attest)
Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
The information contained herein may not be copied, adapted or distributed and is not warranted to be accurate, complete or timely. The user assumes all risks for any damages or losses arising from any use of this information,
except to the extent such damages or losses cannot be limited or excluded by applicable law. Past financial performance is no guarantee of future results.