Danaher 2011 Annual Report Download - page 162

Days prior to the first issue of Notes by the new Issuer (a) copies of documents corresponding to those referred to in paragraph 1, 2, 3 (c) and (d),
4(a)(if relevant), 7, 8 and 9 of Schedule 1 in relation to the new Issuer, (b) the new Issuer’s written agreement to be bound by the terms of this
Agreement and the Agency Agreement in form and substance reasonably satisfactory to the Dealers, (c) a legal opinion from counsel reasonably
acceptable to the Dealers and qualified in the law of the jurisdiction of incorporation of the new Issuer and (d) a supplemental Information
Memorandum. Danaher shall procure that the new Issuer shall comply with and discharge its obligations under this Agreement, the Agency Agreement,
the Deed of Covenant executed by it and the Notes issued by it. In addition, if requested by the Dealers, a legal opinion, in form and substance
reasonably satisfactory to the Dealers, shall be delivered by counsel to the Dealers as to the laws of England.
8. NOTICES
8.1 Addressee for notices
All notices and other communications hereunder shall, save as otherwise provided in this Agreement, be made in writing and in English (by letter, fax,
or electronic communication in accordance with Clause 8.3) and shall be sent to the intended recipient at the address or fax number and marked for the
attention of the person (if any) from time to time designated by that party to the other parties hereto for such purpose. The initial address and fax
number so designated by each party are set out in the Programme Summary.
8.2 Effectiveness
Any communication from any party to any other party under this Agreement shall be effective if sent by letter or fax upon receipt by the addressee,
provided that any such notice or other communication which would otherwise take effect after 4.00 p.m. (London time) on any particular day shall
not take effect until 10.00 a.m. on the immediately succeeding business day in the place of the addressee.
8.3 Electronic communication
8.3.1 Any communication to be made between parties to this Agreement under or in connection with the Agreements may be made by electronic
mail or other electronic means if the relevant parties:
(a) agree that, unless and until notified to the contrary, this is to be an accepted form of communication;
(b) notify each other in writing of their electronic mail address and/or any other information required to enable the sending and receipt of
information by that means; and
(c) notify each other of any change to their address or any other such information supplied by them.
8.3.2 Any electronic communication made between those parties will be effective only when actually received in readable form at the correct
address.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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