FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

EX-10.2 3 dex102.htm AMENDMENT TO MR. BORGEN'S EMPLOYMENT AGREEMENT Amendment to Mr. Borgen's Employment Agreement

EXHIBIT 10.2

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

This document amends the Employment Agreement entered into as of February 26, 2010, by and between DaVita Inc. (“Employer”) and Luis Borgen (“Employee”). Specifically, the parties agree to amend the Employment Agreement as follows:

1. The first three sentences of Section 1 are hereby deleted in their entirety and replaced with the following:

Employer hereby employs Employee beginning on March 22, 2010. Employee will serve in the position of Senior Vice President until the close of business on the first business day following the day on which the Company files its Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 with the Securities and Exchange Commission, when Employee will begin serving in the position of Chief Financial Officer. Employee accepts such employment on the terms and conditions set forth in this Agreement. Employee shall perform the duties of Senior Vice President and/or Chief Financial Officer or any additional duties as Employer deems appropriate, provided, however, that Employer shall not change Employee’s title without Employee’s written consent.

In all other respects, the Agreement remains in full force and effect.

The parties acknowledge and agree that this First Amendment to Employment Agreement (“First Amendment”) shall take effect and be legally binding upon the parties only upon full execution hereof by the parties and upon approval by DaVita Inc. as to the form of this First Amendment.

 

DAVITA INC.       EMPLOYEE
By  

/s/ Kent Thiry

    By  

/s/ Luis Borgen

  Kent Thiry       Luis Borgen
  Chief Executive Officer      
Date: 3/18/2010     Date: 3/15/2010
Approved by DaVita Inc. as to Form:            
By  

/s/ Caitlin Moughon

           
  Caitlin Moughon      
  Assistant General Counsel - Labor