Danaher 2011 Annual Report Download - page 210

As used in this paragraph, “Business Day” means:
(i) a day other than a Saturday or Sunday on which commercial banks are open for general business (including dealings in foreign
exchange and foreign currency deposits) in London; and
(ii) in the case of payments in euro, a TARGET Business Day and, in all other cases, a day on which commercial banks are open for
general business (including dealings in foreign exchange and foreign currency deposits) in the principal financial centre in the country
of the above-mentioned Specified Currency.
14. This Global Note shall not be validly issued unless manually authenticated by Deutsche Bank AG, London Branch as Issuing and Paying Agent.
15. This Global Note and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with,
English law.
16.
(a) English courts: The courts of England have exclusive jurisdiction to settle any dispute (a “ ”) arising from or connected with this
Global Note.
(b) Appropriate forum: The Issuer agrees that the courts of England are the most appropriate and convenient courts to settle any Dispute and,
accordingly, that it will not argue to the contrary.
(c) Rights of the bearer to take proceedings outside England: Sub-paragraph 16(a) (English courts) is for the benefit of the bearer only. As a
result, nothing in this paragraph 16 prevents the bearer from taking proceedings relating to a Dispute (“ ”) in any other courts with
jurisdiction. To the extent allowed by law, the bearer may take concurrent Proceedings in any number of jurisdictions.
(d) Process agent: The Issuer agrees 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, if different, its registered office for the time being 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 sub-paragraph shall affect
the right of the bearer to serve process in any other manner permitted by law. This sub-paragraph applies to Proceedings in England and to
Proceedings elsewhere.
17. No person shall have any right to enforce any provision of this Note under the Contracts (Rights of Third Parties) Act 1999.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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