Danaher 2009 Annual Report Download - page 349

(b) Notices: unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from
the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised
employee of the Issuer;
(c) Duties: the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the redemption and/or
interest calculation relating to the Relevant Index Linked Notes;
(d) Ownership, interest: the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or
acquire any interest in, any Relevant Index Linked Notes with the same rights that the Calculation Agent would have if it were not the Calculation
Agent hereunder; and
(e) Calculations and determinations: all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in
the case of manifest error) be binding on the Issuer, the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Relevant
Index Linked Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent
of its powers, duties or discretion under or in respect of the Relevant Index Linked Notes in accordance with the provisions of this Agreement,
except such as may result from the Calculation Agent’s own negligence or bad faith or that of its officers, employees or agents.
7. 
If, for any reason, the Calculation Agent ceases to act as such or fails to comply with its obligations under Clause 3, the Issuer shall appoint the Issuing
and Paying Agent as calculation agent in respect of the Relevant Index Linked Notes.
8. 
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
Agreement.
9. 
Clause 8 (Notices) of the Dealer Agreement shall apply to this Agreement mutatis mutandis.
10. 
10.1 
This Agreement and all matters arising from or connected with it are governed by, and shall be construed in accordance with, English law.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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