Danaher 2011 Annual Report Download - page 179

10. LAW AND JURISDICTION
10.1 Governing law
This Agreement, every agreement for the issue and purchase of 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 Calculation Agent to take proceedings outside England
Clause 10.2 is for the benefit of the Calculation Agent only. As a result, nothing in this Clause 10 prevents the Calculation Agent from taking
proceedings relating to a Dispute (“Proceedings”) in any other courts with jurisdiction. To the extent allowed by law, the Calculation Agent may take
concurrent Proceedings in any number of jurisdictions.
10.5 Process agent
The Issuer 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 or the Guarantor 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 any Dealer to serve process in any other manner permitted
by law. This Clause applies to Proceedings in England and to Proceedings elsewhere.
11. 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.
AS WITNESS the hands of the duly authorised representatives of the parties hereto the day and year first before written.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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