Danaher 2011 Annual Report Download - page 220

D. Waiver. All insurance required hereunder shall include waiver of subrogation rights in favor of Owner  Manager, Danaher and the other
insureds and additional insureds. All insurance required hereunder shall also be primary without any right of contribution from any other insurance available
to any other insureds or additional insureds.
14. .
A. Damage Reports. Manager shall immediately notify Owner of any accident or incident connected with the Aircraft, and shall include in such
report the time, place and nature of the accident or incident, the nature and extent of damage caused to property, the names and addresses of persons injured,
the names and addresses of witnesses, and such other information as may be relevant to such accident or incident.
“Accident and incident” mean the following, as defined in the National Transportation Safety Board (“NTSB”) Regulations, 49 C.F.R. §
830.2:
 means an occurrence associated with the operation of an aircraft which takes place between the time any person boards
the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury,
or in which the aircraft receives substantial damage.
 means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety
of operations.
B. Repairs. Following an accident or incident, Manager shall make or arrange for repair to the Aircraft only after consultation and agreement with
Owner.
C. Total Loss. In the event of an actual or constructive total loss of the Aircraft, this Agreement shall terminate, except with respect to the
provisions of this Agreement regarding Insurance, Indemnification, payment of fees and expenses to Manager pursuant to Section 5, and Termination, which
shall survive the total loss of the Aircraft. Manager acknowledges and agrees that any hull insurance proceeds payable solely with respect to loss of or to the
Aircraft itself shall be payable to Owner or its designee.
15. 
 Indemnification.



6
Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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