Danaher 2011 Annual Report Download - page 243

not to any particular provision or paragraph of this Agreement. Defined terms in the singular include the plural and vice versa. The terms “ including,”
“includes” and “include” shall be deemed to be followed by the words “ without limitation” unless already so expressly stated. “ Affiliate” means, in respect of
any Person, any other Person that, directly or indirectly, is in control of, is controlled by, or is under common control with, such first Person or, in the case of
an individual, any individual Person who is related by blood, marriage or adoption to such first Person. For purposes of this definition, “ control” of a Person
means the power, directly or indirectly, either to (i) vote 50% or more of the securities having ordinary voting power for the election of directors (or individuals
performing similar functions) of such Person or (ii) direct or cause the direction of the management and policies of such Person, whether by contract or
otherwise. “Person” means an individual, corporation, company, limited liability company, partnership, limited liability partnership, association, joint
venture, Governmental Authority, trust or any other entity or organization. “Governmental Authority” means any federal, state, local or foreign court or
governmental or regulatory agency or authority, or any multinational or organizational body.
Section 8.14. Construction. The Parties have each participated in the negotiation and drafting of this Agreement. In the event an ambiguity or question of
intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring
or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Section 8.15. Counterparts. This Agreement may be executed in any number of counterparts and such counterparts may be exchanged by means of
electronic mail or facsimile transmission, and each of such counterparts shall be deemed an original but all of them together shall constitute one and the same
instrument. In the event that counterparts of this Agreement are executed and exchanged by electronic mail or facsimile transmission, the Parties shall endeavor
to exchange original executed counterparts of this Agreement.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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