Danaher 2011 Annual Report Download - page 163

9. THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of
any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
10. LAW AND JURISDICTION
10.1 Governing law
This Agreement, any agreement reached pursuant to Clause 2.1, the Notes and any non-contractual obligations arising out of or in connection with
them shall be governed by, and construed in accordance with, English law.
10.2 English courts
The courts of England have exclusive jurisdiction to settle any dispute (a “ Dispute”), arising from or connected with this Agreement (including a
dispute regarding the existence, formation, validity, enforceability, performance, interpretation or termination of this Agreement or any non-contractual
obligations arising out of or in connection with this Agreement) or the consequences of its nullity.
10.3 Appropriate forum
The parties agree that the courts of England are the most appropriate and convenient courts to settle any Dispute and, accordingly, that they will not
argue to the contrary.
10.4 Rights of the Dealer to take proceedings outside England
Clause 10.2 is only for the benefit of any Dealer. As a result, nothing in this Clause 10 prevents any Dealer from taking proceedings relating to a
Dispute (“Proceedings”) in any other courts with jurisdiction. To the extent allowed by law, any Dealer may take concurrent Proceedings in any
number of jurisdictions.
10.5 Process agent
The Issuers and the Guarantor agree that the documents which start any Proceedings and any other documents required to be served in relation to those
Proceedings may be served on it by being delivered to Danaher UK Industries Limited, Suite 31, The Quadrant, 99 Parkway Avenue, Sheffield, S9
4WG, United Kingdom, Attention: Director or at any address of the Issuer in Great Britain at which process may be served on it in accordance with
the Companies Act 2006. Nothing in this paragraph shall affect the right of the Dealers to serve process in any other manner permitted by law. This
Clause applies to Proceedings in England and to Proceedings elsewhere.
10.6 Counterparts
This Agreement may be signed in any number of counterparts (including facsimile copies), all of which when taken together shall constitute a single
agreement.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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