Danaher 2011 Annual Report Download - page 224

A. Manager’s Obligations. Upon termination of this Agreement, Manager agrees to provide Owner with the following:
i. an accounting of all outstanding charges or costs relating to the operation and maintenance of the Aircraft;
ii. all records relating to use, operation, maintenance, storage, and supervision of the Aircraft;
iii. return of the Aircraft; and
iv. all necessary action with respect to notifying the FAA and insurance companies that Manager is no longer managing the Aircraft, as
applicable.
B. Owner’s Obligations. Upon termination of this Agreement, Owner agrees to pay all outstanding charges or costs owed hereunder.
19. . If any claim, controversy or dispute arises among the parties hereto (a “Dispute”) and such Dispute cannot be settled through
negotiation, the parties shall attempt to settle the Dispute through nonbinding mediation under the then current Commercial Mediation Rules of the American
Arbitration Association (“AAA”). If the parties cannot settle the matter through mediation, then any Dispute shall be resolved by arbitration as provided in this
paragraph. A single arbitrator shall conduct the arbitration under the AAA Rules. The arbitration shall be conducted at a location mutually agreed upon by the
parties or, in the absence of such agreement, at a location selected in accordance with the AAA Rules, and all expedited procedures prescribed by the AAA
Rules shall apply. Any party may request from the arbitrator injunctive relief to maintain the status quo until such time as the arbitration award is rendered or
the Dispute is otherwise resolved. The arbitrator shall not have authority to award punitive damages. Each party shall bear its own costs and attorneys’ fees,
and the parties shall share equally the fees and expenses of the arbitrator. The arbitrator’s decision and award shall be final and binding, and judgment upon
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any party files a judicial or administrative action asserting
claims subject to arbitration, as prescribed herein, and the other party successfully stays such action and/or compels arbitration of said claims, the party
filing said action shall pay the other party’s costs and expenses incurred in seeking such stay and/or compelling arbitration, including, without limitation,
reasonable attorneys’ fees.

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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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