Danaher 2014 Annual Report Download - page 123

Download and view the complete annual report

Please find page 123 of the 2014 Danaher annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 147

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147

found unenforceable herein shall nevertheless be enforceable and binding on the parties. I also agree that the trier of fact may modify any invalid, overbroad
or unenforceable term of this Agreement so that such term, as modified, is valid and enforceable under applicable law. Further, I acknowledge and agree that I
have not, will not and cannot rely on any representations not expressly made herein. The terms of this Agreement shall not be amended by me or the
Company except by the express written consent of the Company and me. The paragraph headings in this Agreement are for convenience of reference and in
no way define, limit or affect the meaning of this Agreement.
12. At-Will Employment Status. I acknowledge and agree that that nothing in this Agreement shall be construed or is intended to create a guarantee of
employment, express or implied, for any specific period of time. I acknowledge and agree that this Agreement does not require me to continue my
employment or relationship with the Company for any particular length of time (unless otherwise agreed to in writing as an independent contractor or
consultant) and shall not be construed to require the Company to continue my employment, relationship or compensation for any particular length of time. I
acknowledge and agree that if I am employed by the Company it is on an at-will basis which means that the Company and I each have the right to terminate
the employment relationship with or without cause or reason, with or without notice or compliance with any procedures. If I am an independent contractor or
consultant for the Company, unless agreed to otherwise in writing by the Company and me, the Company and I each have the right to terminate the
relationship with or without cause or reason, with or without notice or compliance with any procedures. I acknowledge and agree that my knowledge, skills
and abilities are sufficient to enable me, if my employment or relationship with the Company terminates, to earn a satisfactory livelihood without violating
this Agreement.
13. Acknowledgment of Obligations. I acknowledge that my obligations under this Agreement are in addition to, and do not limit, any and all obligations
concerning the same subject matter arising under any applicable law including, without limitation, common law duties of loyalty and common law and
statutory law relating to trade secrets.
14. Obligations Survive Termination. I acknowledge and agree that the restrictions and covenants set forth in this Agreement shall be binding upon me
and survive termination of my employment or relationship with the Company regardless of the reason(s) for such termination. I acknowledge and agree that
the Company has an important and legitimate business interest that it is seeking to protect with this Agreement and that enforcement of this Agreement
would not interfere with the interests of the public.
15. Cooperation. I agree to cooperate in the truthful and honest prosecution and/or defense of any third party claim in which the Company may have an
interest subject to reasonable limitations concerning time and place, which may include without limitation making myself available to participate in any
proceeding involving the Company, allowing myself to be interviewed by representatives of the Company, appearing for depositions and testimony without
requiring a subpoena, and producing and/or providing any documents or names of other persons with relevant information; provided that, if such services are
required after the termination of my employment or relationship with the Company, it shall provide me reasonable compensation for the time actually
expended in such endeavors and shall pay my reasonable expenses incurred at the prior and specific request of the Company.
16. Non-Disparagement. I agree that during and after my employment or relationship with the Company ends for any reason, I will not make any false,
disparaging or derogatory statement(s) to any media outlet, industry group, financial institution, current or former employee, consultant, client or customer of
the Company, or any other entity or person, which are adverse to the interests, products, services or personnel of the Company or its and their customers or
vendors. I further agree that I will not take any action that may reasonably cause the Company, its customers or its vendors embarrassment or humiliation, and
I will not otherwise directly or indirectly cause the Company, its customers or its vendors to be held in disrepute.
17. Assignment and Transfer of Employment or Relationship.. The rights and/or obligations herein may only be assigned by the Company, may be done
without my consent and shall bind and inure to the benefit of the Company, its successors and assigns. If the Company makes any assignment of the rights
and/or obligations herein or transfers my employment or relationship within the Company, I agree that this Agreement shall remain binding upon me.
Notwithstanding the language in this Paragraph 17, in connection with and as a condition of any
7
Source: DANAHER CORP /DE/, 10-K, February 25, 2015 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.