Amendment #1 dated December 31, 2002 to Agreement No. 20010259
EXHIBIT 10.29
Amendment #1 dated December 31, 2002 to Agreement No. 20010259
This Amendment #1 to Agreement No. 20010259 (Amendment”) is being entered by and between Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc., and Total Renal Care, Inc., a subsidiary of DaVita Inc., including the freestanding dialysis center affiliate(s) listed on Appendix B (collectively, Dialysis Center”).
WHEREAS, Amgen and Dialysis Center entered into Agreement No. 20010259 (the Agreement”) effective January 1, 2002; and
WHEREAS, the parties now wish to amend the Agreement to extend the term for an additional year, to incorporate the terms and conditions for the purchase of Aranesp® (darbepoetin alfa) exclusively for the treatment of dialysis patients, and to modify certain incentive option provisions.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants, representations and warranties set forth herein, the parties agree as follows:
SECTION 1. Definitions: References. Unless otherwise specifically defined herein, each term used in this Amendment which is defined in the Agreement shall have the meaning assigned to such term in the Agreement. Except as amended and supplemented hereby, all of the terms of the Agreement are incorporated herein by reference, shall remain and continue in full force and effect, and are hereby ratified and confirmed in all respects.
SECTION 2. Amendment of Section 1. Term of Agreement: Section 1 is hereby amended to extend the Term of the Agreement through December 31, 2003. Accordingly, Section 1 is amended and restated in its entirety to read as follows:
| 1. | Term of Agreement. The “Term” of this Agreement shall be defined as January 1, 2002 (“Commencement Date”) through December 31, 2003 (“Termination Date”). |
Notwithstanding the foregoing, all payments, calculations, reconciliations, vesting, and other actions connected with Qualified Purchases made during the period January 1, 2002 through December 31, 2002, and the discounts and incentives for which Dialysis Center is eligible thereon, which are required by the Agreement to occur, be measured, or be performed at the end of or within specified periods in relation to the “Term”, shall continue to be required to occur, be measured, or be performed at or within the specified time periods so stated, as if the Term were to expire on December 31, 2002.
SECTION 3. Amendment of Section 2. Dialysis Center Affiliates: Section 2 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 2. | Dialysis Center Affiliates. Only those Dialysis Center affiliates (‘Affiliates”) listed on Appendix B which is incorporated by reference hereto and made a part of this Agreement will be eligible to participate under this Agreement. Affiliates eligible to participate under this Agreement shall be facilities owned in whole or in part by Dialysis Center or for which Dialysis Center provides management or administrative services including such services as the purchasing and billing of EPOGEN® (Epoetin alfa) and Aranesp® (darbepoetin alfa) (collectively, “Products”). Additions to the Affiliates listed on Appendix B may be made pursuant to the request of Dialysis Center’s corporate headquarters and are subject to approval and acknowledgment by Amgen in writing, and such approval and acknowledgment shall not be unreasonably withheld, conditioned or delayed. Dialysis Center may delete Affiliates from participation in this Agreement at any time, in its sole discretion. Amgen requires reasonable notice before the effective date of change (the “Administrative Effective Date”) for any addition or deletion of Affiliates. Notwithstanding the immediately |
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| preceding sentence, Amgen agrees to coordinate with Dialysis Center’s Authorized Wholesalers (as defined in Section 4 of the Agreement) [DELETED] any and all purchases made by Dialysis Center [DELETED] pursuant to which Dialysis Center is legally authorized to purchase Products for such added Affiliate [DELETED]; all such purchases by Dialysis Center during such period shall constitute “Qualified Purchases” under this Agreement and shall be included for purposes of eligibility and calculation of each and every discount and incentive provided hereunder and in Appendix A which is incorporated by reference hereto and made a part of this Agreement, including but not limited to [DELETED] set forth in Section 2 of Appendix A for EPOGEN® purchases and including but not limited to [DELETED] set forth in Section 1 of Appendix A for Aranesp®, so long as Amgen is not obligated to pay the same discount or incentive attributable to the same purchases to any person or entity other than Dialysis Center. Amgen reserves the right in its reasonable discretion to terminate any Affiliates with regard to participation in this Agreement. Termination of any Affiliate by Amgen shall be effective (a) immediately in instances in which Amgen determines, in its sole discretion, that such immediate termination is required by law or order of any court or regulatory agency or as a result of negligence or willful misconduct in the use or administration of Products by such Affiliate; or (b) upon thirty (30) days prior written notice to Dialysis Center in all other instances; provided, that such termination shall be effective before the expiration of such thirty (30) days where Dialysis Center requests or consents to such earlier termination. |
SECTION 4. Amendment of Section 3, Own Use: Section 3 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 3. | Own Use. Dialysis Center hereby certifies that Products purchased hereunder shall be for Dialysis Center’s “own use” for the exclusive treatment of dialysis patients. |
SECTION 5. Amendment of Section 4. Authorized Wholesalers: Section 4 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 4. | Authorized Wholesalers. Attached hereto as Appendix C is a complete list, as of the date of execution of this Amendment, of the wholesalers from which Dialysis Center intends to purchase Products. All of the wholesalers so designated by Dialysis Center are hereby approved by Amgen to participate in this program and are deemed “Authorized Wholesalers”. Notification of proposed changes to the list of Authorized Wholesalers must be provided to Amgen in writing at least thirty (30) days before the effective date of the proposed change; provided, however, that Amgen will use its best efforts to accept a change on fewer than thirty (30) days’ notice. Amgen reserves the right, in its reasonable discretion, to reject or terminate, with reasonable notice, any wholesaler with regard to participation in this Agreement, so long as (a) Amgen rejects or terminates such wholesaler with respect to providing Products to any and all purchasers of Products, or (b) such wholesaler independently requests Amgen to remove it as an Authorized Wholesaler for Dialysis Center. Amgen also reserves the right, in its reasonable discretion, to accept wholesalers with regards to participation in this Agreement, but Amgen agrees that it shall accept any wholesaler designated by Dialysis Center which provides Products to other purchasers approved by Amgen. Dialysis Center agrees to request all Authorized Wholesalers to submit product sales information to a third-party sales reporting organization designated by Amgen. In the event Amgen terminates any Authorized Wholesaler from which Dialysis Center is purchasing Products, Amgen will work with Dialysis Center to identify other possible Authorized Wholesalers from which Dialysis Center may purchase Products and/or, in the case of an emergency and subject to credit qualification as well as receipt and approval of an “Application for Direct Ship Account”, use reasonable efforts in attempting to establish a temporary direct purchase relationship between Dialysis Center and Amgen until such time as an alternative Authorized Wholesaler can be secured, which in no event shall exceed sixty (60) days. If Dialysis Center purchases directly from Amgen as contemplated immediately above, all purchases made from Amgen shall be deemed “Qualified Purchases” (as defined below) and all such purchases shall be accounted for in the calculation of the discounts and incentives provided for in this Agreement and in Appendix A. |
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
SECTION 6. Amendment of Section 5, Qualified Purchases: Section 5 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 5. | Qualified Purchases. Only Products purchased under this Agreement by Dialysis Center through Authorized Wholesalers (or directly from Amgen as provided in Section 4 above), as confirmed by Amgen based on sales tracking data, will be deemed “Qualified Purchases”. |
SECTION 7. Amendment of Section 6, Commitment to Purchase: Section 6 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 6. | Commitment to Purchase. Dialysis Center agrees to purchase Products for all of its dialysis use requirements for recombinant human erythropoietin, and Amgen agrees to supply through Authorized Wholesalers all orders as placed by Dialysis Center. Notwithstanding the foregoing, Amgen expressly acknowledges and agrees that Dialysis Center may participate in clinical trials involving the administration of other products for the management of anemia in dialysis patients. Dialysis Center may purchase another brand of recombinant human erythropoietin for its dialysis use requirements only for the time, and only to the extent, that Amgen has notified Dialysis Center’s corporate headquarters in writing that Amgen cannot supply EPOGEN® or Aranesp® within and for the time period reasonably required by Dialysis Center. Any such notification shall be given by Amgen at least thirty (30) days prior to the date on which Amgen will cease supplying EPOGEN® or Aranesp® to Dialysis Center, unless an act or event described in Section 16 of the Agreement, or an order of a regulatory agency or other action arising out of patient safety concerns, requires the giving of shorter notice. In the event that Amgen fails to supply Dialysis Center with EPOGEN® or Aranesp® as ordered, Dialysis Center shall be entitled, at a minimum, to have the same proportion of its purchase orders fulfilled at all times as other purchasers of EPOGEN® or Aranesp® and, upon request, Amgen shall provide written assurances of same to Dialysis Center. |
SECTION 8. Amendment of Section 8, Discounts: Section 8 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 8. | Discounts. Dialysis Center shall qualify for discounts and incentives subject to material compliance with the terms and conditions of this Agreement as well as the schedules and terms set forth in Appendix A. Discounts in arrears will be paid in the form of a wire transfer to Dialysis Center’s corporate headquarters, and Amgen Inc. hereby guarantees Amgen’s obligation to pay all discounts earned by Dialysis Center hereunder. Discounts in arrears will be calculated in accordance with Amgen’s discount calculation policies based on Qualified Purchases using Amgen’s standard [DELETED] as the calculation price, except as otherwise provided hereunder or as set forth in Appendix A. Payment amounts, as calculated by Amgen, must equal or exceed $100.00 for the applicable period to qualify, and are subject to audit and final determination by arbitration, as provided in Appendix A hereto. Subject to the section entitled “Termination”, in the event that Amgen is notified in writing that Dialysis Center, and/or any Affiliate(s) (the “Acquired Party”) is acquired by another entity or a change of control otherwise occurs with respect to any Acquired Party, any discounts which may have been earned hereunder for all periods preceding such acquisition or change of control shall be paid in the form of a wire transfer to Dialysis Center’s corporate headquarters, subject to the conditions and requirements described herein. For purposes of all of the discounts paid in arrears contained herein, including, without limitation, those discounts and incentives provided in Appendix A, if any Affiliates are added to or deleted from this Agreement during any [DELETED] the period January 1, 2003 through December 31, 2003 of this Amendment, Amgen shall appropriately adjust Dialysis Center’s purchases for the relevant periods (x) for deleted Affiliates, by excluding purchases by such Affiliates effective from the effective date of their deletion and during the relevant [DELETED] used for comparison, or (y) for added Affiliates, by including any purchases made by such acquired Affiliates effective from the date they are added to the list of Affiliates on Appendix B and during the relevant [DELETED] used for comparison, and by including any purchases made by any de novo |
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| Affiliates commencing in the [DELETED] in which they commence operations. Amgen and Dialysis Center agree that, for purposes of determining eligibility for and calculation of all discounts and all incentives provided in this Agreement (including, without limitation, all discounts and incentives as are set forth in Appendix A), a Qualified Purchase of EPOGEN® or Aranesp® shall be deemed made on the date of invoice to Dialysis Center from an Authorized Wholesaler. Upon any termination of this Agreement, Amgen shall pay to Dialysis Center all discounts and incentives earned by Dialysis Center through the date of termination. Failure of Dialysis Center to qualify for or receive any particular discount or incentive hereunder shall not automatically affect its qualification for or receipt of any other discount or incentive provided under this Agreement. |
SECTION 9. Amendment of Section 9. Treatment of Discounts: Section 9 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 9. | Treatment of Discounts. a) Dialysis Center agrees that it will properly disclose and account for any discount or other reduction in price earned hereunder, in whatever form (i.e., pricing, discount, or incentive), in a way that complies with all applicable federal, state, and local laws and regulations, including without limitation, Section 1128B(b) of the Social Security Act and its implementing regulations. Section 11 28B(b) requires that a provider of services properly disclose and appropriately reflect the value of any discount or other reduction in price earned in the costs claimed or charges made by the provider under a federal health care program, as that term is defined in Section 11288(f). Dialysis Center also agrees that, if required by such statutes or regulations, it will (i) claim the benefit of such discount received, in whatever form, in the fiscal year in which such discount was earned or the year after, (ii) fully and accurately report the value of such discount in any cost reports filed under Title XVIII or Title XIX of the Social Security Act, or a state health care program, and (iii) provide, upon request by the U.S. Department of Health and Human Services or a state agency or any other federally funded state health care program, the information furnished to Dialysis Center by Amgen concerning the amount or value of such discount. Dialysis Center’s corporate headquarters agrees that it will advise all Affiliates, in writing, of any discount received by Dialysis Center’s corporate headquarters hereunder with respect to purchases made by such Affiliates and that said Affiliates will account for any such discount in accordance with the above stated requirements. |
b) In order to assist Dialysis Centers compliance with its obligations as set forth in Section 9(a) immediately above, Amgen agrees that, along with the [DELETED] delivery of its payment on the [DELETED] earned hereunder, it will provide to Dialysis Center a statement on a [DELETED] basis stating the incentives and discounts earned by Dialysis Center in a particular [DELETED] with the itemization Product purchases made in a particular [DELETED] and the [DELETED] (as defined in Appendix A, Section 3(b)), both broken down by Affiliates; and any other information that Dialysis Center may request that is reasonably available to Amgen and necessary for Dialysis Center to obtain in order to comply with its obligation as set forth in Section 9(a).
SECTION 10. Amendment of Section 10, Data Collection: Section 10 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 10. | Data Collection. Dialysis Center agrees that it will at all times comply with all federal, state, or local laws or regulations relating to patient privacy of medical records, and that all data to be provided to Amgen pursuant to this Agreement, shall be in a form that does not disclose the identity or name of any patient or other patient-identifying information such as address, telephone number, birth date, all or part of a social security number, medical record number or prescription number. Dialysis Center and Amgen agree that not later than April 1, 2003 they will use and accept only those patient identifiers compliant with the federal medical privacy standards codified under 45 C.F.R. parts 160 and 164 pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”). Dialysis Center acknowledges that the data to be supplied to Amgen pursuant to this Agreement shall be used to support verification of the discounts and incentives |
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| referenced herein, as well as for Amgen-sponsored research concerning the role of EPOGEN® in improving treatment outcomes and quality of life of dialysis patients. Dialysis Center shall consistently use a unique alpha-numeric code (which shall not be the same as part or all of the patient’s social security number) as a “case identifier” to track the care rendered to each individual patient over time, and such case identifier shall be included in the data provided to Amgen. The key or list matching patient identities to their unique case identifiers shall not be provided to Amgen personnel. In furtherance of Amgen research, Dialysis Center may agree from time to time, on terms to be negotiated separately by the parties, to use its key to update the patient care data by linking it with information concerning health outcomes, quality of life, and other pertinent data that may become available to Amgen from other sources. Any such linking of data sources shall not provide the identity of any patient to Amgen. Amgen and Amgen Inc. agree that they will maintain data supplied under this Agreement in confidence, they will not use such data to identify or contact any patient, and they will at all times comply with all federal, state, or local laws or regulations relating to patient records. [DELETED]. Amgen and Amgen Inc. shall not sell or resell any data obtained pursuant to this Agreement. Additionally, any use by Amgen or Amgen Inc. of any such data outside of Amgen, Amgen Inc. or Dialysis Center shall be in a format which does not identify Dialysis Center as the source of such data, unless otherwise permitted in writing by Dialysis Center. No reports by Amgen or Amgen Inc. concerning analyses of the data or the results of such research shall disclose the identity of any patient. Nothing in this Agreement shall limit Dialysis Center’s use of its own patient case data, including, without limitation, any and all data to be supplied to Amgen hereunder. |
SECTION 11. Amendment of Section 13. Warranties: Section 13 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 13. | Warranties. Each party represents and warrants to the other that this Amendment (a) has been duly authorized, executed, and delivered by it, (b) constitutes a valid, legal, and binding agreement enforceable against it in accordance with the terms contained herein, and (c) does not conflict with or violate any of its other contractual obligations, expressed or implied, to which it is a party or by which it may be bound. The party executing this Amendment on behalf of Dialysis Center specifically warrants and represents to Amgen that it is authorized to execute this Amendment on behalf of and has the power to bind Dialysis Center and the Affiliates to the terms set forth in this Amendment. The parties executing this Amendment on behalf of Amgen and Amgen Inc. specifically warrant and represent to Dialysis Center that they are authorized to execute this Amendment on behalf of and have the power to bind Amgen and Amgen Inc. to the terms set forth in this Amendment. Amgen warrants that the Products purchased pursuant to this Agreement (a) are manufactured in accordance with all applicable federal, state and local laws and regulations pertaining to the manufacturing of the Products including without limitation, the Federal Food, Drug, and Cosmetic Act and implementing regulations, and meet all specifications for effectiveness and reliability as required by the United States Food and Drug Administration, and (b) when used in accordance with the directions on the labeling, are fit for the purposes and indications described in the labeling. Amgen agrees that it will promptly notify Dialysis Center once it determines that there has been any material defect in any of the Products delivered to Dialysis Center. |
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
SECTION 12. Amendment of Section 14, Notices: Section 14 is hereby amended for the period January 1,2003 through December 31, 2003, as follows:
| 14. | Notices. Any notice or other communication required or permitted hereunder (excluding purchase orders) shall be in writing and shall be deemed given or made three (3) days after deposit in the United States mail with proper postage for first-class registered or certified mail prepaid, return receipt requested, or when delivered personally or by facsimile (receipt verified and confirmed by overnight mail), or one (1) day following traceable delivery to a nationally recognized overnight delivery service with instructions for overnight delivery, in each case addressed to the parties as follows (or at such other addresses as the parties may notify each other of in writing): |
If to Dialysis Center:
Total Renal Care, Inc.
21250 Hawthorne Boulevard, Suite 800
Torrance, CA 90503-5517
Attn: Chief Financial Officer
Fax No.: (310) 792-9281
with a copy to:
Total Renal Care, Inc.
21250 Hawthorne Boulevard, Suite 800
Torrance, CA 90503-5517
Attn: General Counsel
Fax No.: (310) 792-0044
If to Amgen:
Amgen USA Inc.
One Amgen Center Drive, M/S 37-2-B
Thousand Oaks, CA ###-###-####
Attn: Gail Gilbotowski, Manager, Contract Administration
Fax No.: (805) 376-8554
with a copy to:
Amgen USA Inc.
One Amgen Center Drive, M/S 27-4-A
Thousand Oaks, CA ###-###-####
Attn: General Counsel
Fax No.: (805) 447-1000
If to Amgen Inc.:
Amgen Inc.
One Amgen Center Drive, M/S 37-2-B
Thousand Oaks, CA ###-###-####
Attn: Gail Gilbotowski, Manager, Contract Administration
Fax No.: (805) 376-8554
with a copy to:
Amgen Inc.
One Amgen Center Drive, M/S 27-4-A
Thousand Oaks, CA ###-###-####
Attn: General Counsel
Fax No.: (805) 447-1000
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
SECTION 13. Amendment of Section 15. Compliance with Health Care Pricing and Patient Privacy Legislation and Statutes: Section 15 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 15. | Compliance with Health Care Pricing and Patient Privacy Legislation and Statutes; Data Use Agreement. a) Notwithstanding anything contained herein to the contrary, in order to assure compliance, as determined by either party, in its sole discretion, with any existing federal, state or local statute, regulation or ordinance, or at any time following the enactment of any federal, state, or local law or regulation that in any manner reforms, modifies, alters, restricts, or otherwise affects the pricing of or reimbursement available for Products, including but not limited to the enactment of any reimbursement rule, guideline, final program memorandum, coverage decision, pricing decision, instruction or the like by the Centers for Medicare and Medicaid Services (“CMS”) or any of Dialysis Centers Medicare fiscal intermediaries, or any change in reimbursement systems that in any manner reforms, modifies, alters, restricts or otherwise affects the reimbursement available to Dialysis Center for any of the Products, either party may, in its sole discretion, upon thirty (30) days notice, seek to modify this Agreement in accordance with the procedure referenced below or exclude any Affiliates from participating in this Agreement unless such Affiliate(s) certifies in writing that they are, or will be, exempt from the provisions thereunder. If such affected Affiliate(s) does not so certify and is therefore excluded from participating in this Agreement, Dialysis Center and Amgen shall meet and in good faith seek to mutually agree to modify this Agreement to accommodate any such change in law or regulation, with the intent that, if possible, the essential terms and the pricing structure [DELETED] shall be retained at least at the applicable tier as in effect immediately prior to such Affiliate’s exclusion. If the parties in good faith determine such modification is not possible, the parties shall seek to modify the Agreement in another manner acceptable to both parties. If the parties, after ninety (90) days are unable to agree upon such a modification, Amgen shall be entitled to terminate the Agreement on no less than thirty (30) days’ notice. In the event there is a future change in Medicare, Medicaid, or other federal or state statute(s) or regulation(s) or in the interDretation thereof, which renders any of the material terms of this Aoreement unlawful or unenforceable, this Agreement shall continue only if amended by the Darties as a result of good faith negotiations as necessary to bring the Agreement into comDliance with such statute or regulation. |
b) Notwithstanding anything contained herein to the contrary, in order to assure compliance, as determined by either party in its sole discretion, with any existing federal, state or local statute, regulation or ordinance relating to patient privacy of medical records, or at any time following the enactment of any federal, state, or local law or regulation relating to patient privacy of medical records that in any manner reforms, modifies, alters, restricts, or otherwise affects any of the data received or to be received in connection with any of the incentives contemplated under this Agreement, either party may, in its discretion, upon thirty (30) days’ notice, seek to modify this Agreement. Dialysis Center and Amgen shall meet and in good faith seek to mutually agree to modify this Agreement to accommodate any such change in law or regulation, with the intent to, if possible, retain the essential terms of the affected incentive and pricing structure. If the parties in good faith determine that such modification is not possible, the parties shall seek to modify the Agreement in another manner acceptable to both parties. If the parties, after ninety (90) days, are unable to agree upon such a modification, either party shall be entitled to terminate the affected incentive upon thirty (30) days’ notice.
(c) Notwithstanding anything contained herein to the contrary, this Agreement is effective only as of the date the parties hereto execute a mutually agreeable Data Use Agreement pursuant to which Dialysis Center may disclose a Limited Data Set of patient information to Amgen (as specified in the Data Use Agreement and which shall include, at a minimum, the data fields to be received by Amgen in connection with this Agreement) for purposes of Amgen’s Research and Public Health analyses and Dialysis Center’s Health Care Operations. Unless otherwise specifically defined in this Agreement, each capitalized term used in this
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| Section 15(c) shall have the meaning assigned to such term by HIPAA. If Dialysis Center terminates the Data Use Agreement for any reason, Amgen shall be entitled to terminate this Agreement immediately. The parties acknowledge and agree that they have entered into a Data Use Agreement (“DUA”) in connection with the disclosure to Amgen of certain patient information, as described in Section 23 of this Agreement. Without limitation of the foregoing, Amgen and Dialysis Center agree to negotiate in good faith to further amend the Agreement and/or enter into such additional agreements to the extent necessary to allow Dialysis Center to disclose to Amgen patient data (including any individually identifiable health information), and to otherwise comply with the Standards of Privacy of Individually Identifiable Health Information (the “Standards”) promulgated or to be promulgated by the Secretary of Health and Human Services in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or other related regulations or statutes. Dialysis Center and Amgen agree that they will fully comply with all such Standards and that they will amend the Agreement and/or enter into additional agreements in order to incorporate any material terms required by the Standards prior to the compliance date specified in the regulations for such Standards. Without limiting the generality of the foregoing, Amgen and Dialysis Center specifically agree to enter into such amendment(s) or agreement(s), as may be appropriate or necessary as determined by the parties, to permit the disclosure to and access and use by Amgen of patient data (including individually identifiable health information) in order to allow the provision by Amgen of the Good Pharmaceutical Practice Support Services for EPOGEN® as provided to Dialysis Center consistent with past practice and defined in Section 21 of this Agreement. In the event Dialysis Center and Amgen have not amended the Agreement and/or entered into such additional agreements by the compliance date for such Standards, and except for the obligations of the Parties under the DUA, (1) Dialysis Center shall be entitled to cease disclosure of patient data (including any individually identifiable health information) to Amgen in connection with Amgen’s provision of Good Pharmaceutical Practice Support Services as defined in Section 21 of this Agreement, and (2) Amgen shall be entitled to cease providing Good Pharmaceutical Practice Support Services, as defined in Section 21 of this Agreement, to Dialysis Center, in each case notwithstanding any past practice or as otherwise may be contemplated by the Agreement.” |
SECTION 14. Amendment of Section 18. Entire Agreement: Section 18 is hereby amended for the period of January 1, 2003 through December 31, 2003, as follows:
| 18. | Entire Agreement. The Agreement (as modified by this Amendment) together with the DUA and all of the Appendices attached hereto and thereto, constitutes the entire understanding between the parties and supersedes all prior or oral written proposals, agreements or commitments pertaining to the subject matter herein and therein. |
SECTION 15. Amendment of Section 19. [DELETED]: Section 19 is hereby amended for the period January 1, 2003 through December 31, 2003, as follows:
| 19. | [DELETED] |
SECTION 16. Addition of Section 21. Good Pharmaceutical Practice Supi,ort Services for EPOGEN®: Section 21 is hereby added for the period January 1, 2003 through December 31, 2003, as follows:
| 21. | Good Pharmaceutical Practice Support Services for EPOGEN®: In order to advance the common clinical objectives of the parties under this Agreement, Amgen agrees to provide to Dialysis Center the following good pharmaceutical practice standard support services which it provides to all customers, at no additional cost or charge: |
(a) Clinical support team of nephrology specialists who provide clinical information about anemia management, offer non-patient-specific advice about the use of EPOGEN® in the treatment of patients with end-stage renal disease, and answer general questions about EPOGEN®, anemia management, and reimbursement presented by a facility’s clinical staff;
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Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
(b) Patient education materials;
(c) EPOGEN® reimbursement hotline; and
(d) 24-hour emergency drug information service.
Amgen agrees to furnish such services only in cooperation with Dialysis Center’s facilities, in a manner consistent with Dialysis Center’s policies and procedures, and in accordance with the terms otherwise set forth in this Agreement, including without limitation Section 22 hereof.
SECTION 17. Addition of Section 22, Access: Section 22 is hereby added for the period January 1, 2003 through December 31, 2003, as follows:
| 22. | Access. Amgen agrees that it and its agents and employees shall, at all times, comply with all applicable laws and regulations, and with Dialysis Center’s general policies and procedures, regulations and guidelines regarding product promotion and access to Dialysis Center’s facilities and personnel. Amgen’s discussion of its Products shall be in compliance with all applicable laws and regulations. |
SECTION 18. Addition of Section 23 HIPAA Compliance/Data Use Agreement: Section 23 is hereby added for the period January 1, 2003 through December 31, 2003, as follows:
| 23. | HIPAA Compliance/Data Use Agreement. Amgen and Dialysis Center acknowledge and agree that not later than April 14, 2003 certain of the patient information and data delivered to Amgen hereunder must be in a format that is compliant with the privacy standards of HIPAA. In connection with the foregoing, the Parties have executed and delivered, contemporaneously herewith, a Data Use Agreement (“DUA”) which specifies the limited data set format of patient information that may be delivered to Amgen under this Agreement and the DUA. The parties acknowledge and agree that the rights and obligations of the parties under the DUA are a supplement to the rights and obligations hereunder. |
SECTION 19. Amendment to Appendix A: Discount Pricing. Schedule, and Terms: Appendix A is hereby amended and restated in its entirety for the period of January 1, 2003 through December 31, 2003 to read as follows:
| 1. | Pricing—Aranesp®. During the period January 1, 2003 through December 31, 2003, Dialysis Center may purchase Aranesp® through Authorized Wholesalers at [DELETED], which shall be equal to the [DELETED]. Amgen reserves the right to change the [DELETED] at any time. Resulting prices do not include any wholesaler markup, service fees, or other charges. No other discounts, including discounts in arrears, are applicable to Aranesp purchased under this Agreement. |
| 2. | Pricing—EPOGEN®. During the period January 1, 2003 through December 31, 2003, Dialysis Center may purchase EPOGEN® through Authorized Wholesalers at [DELETED], which shall be equal to the [DELETED]. Amgen reserves the right to change the [DELETED] at any time. Notwithstanding any such change(s), the [DELETED] that is applicable to Dialysis Center throughout the Term shall be the [DELETED]. Resulting prices do not include any wholesaler markup, service fees, or other charges. In the event that [DELETED] are effectuated at any time [DELETED] Dialysis Center’s [DELETED] for Qualified Purchases of EPOGEN® shall [DELETED]. All discounts earned in arrears during the Term of the Amendment shall be calculated based upon the [DELETED] of this Agreement, such that any [DELETED] contained in any of the discounts or incentives set forth in this Appendix A shall [DELETED] in the [DELETED]. |
| 3. | [DELETED]. Dialysis Center may qualify for a [DELETED] provided it meets the criteria described below in this Section 3. The [DELETED] is designed to improve patient outcomes by encouraging [DELETED].1 |
| a. | Requirements: In order to qualify for the [DELETED] during the period January 1, 2003 through December 31, 2003, Dialysis Center’s aggregate Qualified Purchases of EPOGEN® and Aranesp® by all |
9
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| Affiliates as listed on Appendix B on the effective date of this Amendment and all new approved Affiliates (whether by acquisition, to the extent that either Amgen or Dialysis Center can provide adequate data concerning such Affiliates’ purchases for the same time period from 2001, or de novo) must equal or exceed [DELETED] of the aggregate Qualified Purchases of EPOGEN® by those same Affiliates for the same [DELETED] from 2001 as set forth in the [DELETED] contained in section 5(a) below, and as adjusted pursuant to section 5(a) (the [DELETED]). The [DELETED] shall be calculated using the formula described in Section 5(a) below. In addition, no more than [DELETED] of Dialysis Center’s [DELETED] taken on an overall basis (and not separately for each Affiliate) may have [DELETED] (as defined in Section 3(b) below) [DELETED] during the applicable [DELETED] of the period January 1, 2003 through December 31, 2003. If either of these criteria is not met during any given [DELETED] of the period January 1, 2003 through December 31, 2003, Dialysis Center will not qualify for the [DELETED] during that [DELETED]. Failure of Dialysis Center to qualify for the [DELETED] during a particular [DELETED] shall not affect Dialysis Center’s eligibility to qualify during any other [DELETED] of the period January 1, 2003 through December 31, 2003, nor shall Dialysis Center’s qualification during a particular [DELETED] automatically result in qualification during any other [DELETED]. Notwithstanding the foregoing, if Dialysis Center has not satisfied the [DELETED] for any particular [DELETED], then, at the end of the Term of this Agreement, Amgen will conduct an analysis to determine if Dialysis Center has achieved the required [DELETED]. If Dialysis Center has achieved the [DELETED], Amgen will [DELETED]. Reconciliation payments will be made [DELETED]. [DELETED] a reconciliation payment, the payment will be made within [DELETED] after [DELETED], and receipt by Amgen of all required Data as set forth in Section 3(a)(i) below. [DELETED] a reconciliation payment, [DELETED] will pay [DELETED] within [DELETED] after receipt of [DELETED]. |
In order to participate in the [DELETED], Dialysis Center must also provide the following data items to Amgen or to a data collection vendor specified and paid for by Amgen, on a [DELETED] basis, and no later than [DELETED] days after the end of each [DELETED]. In those cases in which Amgen directs Dialysis Center to submit the following information to a data collection vendor, Dialysis Center shall be deemed to have timely submitted the information to such data collection vendor so long as it does so on a [DELETED] basis and no later than [DELETED] days after the end of each [DELETED], regardless of the date on which such vendor, in turn, submits such information to Amgen:
| 1 | [DELETED] |
| i) | all [DELETED] for each dialysis patient, the date of each test, and a consistent, unique, alphanumeric identifier (sufficient to consistently track an individual patient without in any way disclosing the identity of the patient), along with the name, address and phone number of the particular Affiliate at which each patient received treatment (collectively, the “Data”); provided, however, that Dialysis Center shall be required to submit such test results only for those dialysis patients whose test results are actually determined by laboratories owned and operated by Dialysis Center. Amgen may utilize the Data for any legal purpose, and reserves the right to audit all Data, provided that any audit shall not permit access to information disclosing the identity of any patient. Under no circumstances on or after April 1, 2003 should the Data include any patient identifiable information including, without limitation, name, address, telephone number, birth date, all or part of a social security number, medical record number or prescription number. The identity of the Affiliate and of the account submitting the Data and any association with the Data will remain confidential. The [DELETED] must be derived from [DELETED] taken immediately before dialysis treatment using any [DELETED] testing method [DELETED] and must be reported to the [DELETED], and must be submitted [DELETED] in a format acceptable to Amgen. Hand written reports are not acceptable; only electronic submission of the Data will be accepted, and |
10
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ii) | upon execution of this Amendment, Dialysis Center shall simultaneously provide to Amgen an executed “Certification Letter”, a copy of which is attached hereto as Exhibit #1. Amgen hereby acknowledges that it has received such required Certification Letter, in a form and substance satisfactory to Amgen. Delivery of such Certification Letter shall serve to qualify Dialysis Center’s participation in the [DELETED] throughout the period January 1,2003 through December 31, 2003 of this Agreement for the limited purpose of certification of the accuracy of the data submitted to Amgen hereunder. |
| b. | Calculation: Assuming Dialysis Center has fulfilled all requirements as described in Section 3(a) above, the [DELETED] for Dialysis Center will be calculated as follows: |
The [DELETED] for each dialysis patient will be based upon the average of all [DELETED] gathered for each patient during the applicable [DELETED] of the period January 1, 2003 through December 31, 2003. The [DELETED] of all dialysis patients with [DELETED], will be determined by [DELETED] the total [DELETED] of dialysis patients with [DELETED] by the total [DELETED] of dialysis patients treated by Dialysis Center during that [DELETED].
| c. | Payment: The [DELETED] will be calculated on a [DELETED] basis and paid to Dialysis Center’s corporate headquarters within [DELETED] days after receipt by Amgen of all required data. If any Affiliates are added to or deleted from this Agreement during any [DELETED] of the period January 1, 2003 through December 31, 2003, Amgen shall appropriately adjust Dialysis Center’s purchases for the relevant periods by including any purchases made by any acquired Affiliates during the relevant [DELETED] and also during the period(s) used for comparison, and by including any purchases made by any de novo Affiliates commencing in the [DELETED] in which they commence operations, and by excluding any purchases made by any deleted Affiliates during the relevant [DELETED] and also during the period(s) used for comparison. Payment is contingent upon meeting the [DELETED] and receipt by Amgen of all required [DELETED] Data for each corresponding [DELETED]. If the Data is received more than [DELETED] days after the last day of any [DELETED] within a given [DELETED], the total Qualified Purchases of EPOGEN® attributable to Dialysis Center during such [DELETED] will be excluded from the calculation of the [DELETED] for that [DELETED]. Notwithstanding the foregoing, if Amgen receives all required Data from a minimum of [DELETED] of all Affiliates within the definition of “Dialysis Center” within the time frame referenced in Section 3(a) above for any [DELETED] within a given [DELETED], the total Qualified Purchases of EPOGEN® attributable to Dialysis Center during such [DELETED] will be included in the calculation of the [DELETED] for that [DELETED]. If Amgen receives all required data from [DELETED] of all Affiliates within the definition of “Dialysis Center” within the time frame referenced in Section 3(a) above for any [DELETED] within a given [DELETED], the total Qualified Purchases of EPOGEN® attributable to those Affiliates that have submitted the required data during such [DELETED] will be included in the calculation of the [DELETED] for that [DELETED]. If Amgen receives all required Data from less than [DELETED] of all Affiliates within the definition of “Dialysis Center” for any [DELETED] within a given [DELETED], no Qualified Purchases of Dialysis Center during such [DELETED] will be included in the calculation of the [DELETED] for that [DELETED]. At any time during the period January 1, 2003 through December 31, 2003 of this Agreement, if Amgen determines that any Affiliate(s) is consistently not submitting the required Data, Amgen reserves the right in its sole discretion to exclude such Affiliate’s Qualified Purchases of EPOGEN® from the calculation of the [DELETED] for any relevant [DELETED]. [DELETED] payments will be made based upon the Data received from the previous [DELETED], and will equal a percentage of Dialysis Center’s total Qualified Purchases of EPOGEN® during that [DELETED] (exclusive of any Qualified Purchases of EPOGEN® made by Dialysis Center or any Affiliate not meeting the Data submission requirements described above) as governed by the [DELETED] schedule listed below. If Amgen determines that any Affiliate is consistently not submitting the required Data, Amgen and Dialysis Center will work collaboratively in resolving such matters. Notwithstanding the foregoing, payment for any period from January 1, 2003 through |
11
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| December 31, 2003 that is not equivalent to a complete [DELETED] will be based on an average of the Data that is available for that period. If the EPOGEN® package insert language or the National Kidney Foundation’s Kidney Disease Outcomes Quality Initiative Guidelines change, then Amgen and Dialysis Center will meet and in good faith seek to mutually agree to modify this Agreement to accommodate any such change, with the intent to retain the essential terms of the [DELETED]. If the parties, after ninety (90) days, are unable to agree upon such a modification, Amgen shall be entitled to terminate the [DELETED], Amgen warrants and represents that, as of the execution date of this Amendment, it has not submitted to any United States regulatory authorities any proposed changes to the EPOGEN® package insert that would materially affect the [DELETED] throughout the Term of this Amendment. In addition, at the [DELETED], Amgen will conduct an analysis to determine if Dialysis Center has achieved the [DELETED] (contemplated by Section 3(a) above) throughout the period January 1, 2003 through December 31, 2003. If [DELETED] Dialysis Center has achieved the [DELETED], then Amgen will perform a reconciliation calculation in connection with all previous [DELETED] calculations and appropriately adjust the [DELETED] for all relevant [DELETED] during the period January 1, 2003 through December 31, 2003 in which a [DELETED] was not paid based upon the failure of Dialysis Center to attain the minimum [DELETED] growth requirement (as referenced in Section 3(a) above). However, if at the [DELETED], the [DELETED] has not been met, Amgen will perform a reconciliation calculation in connection with all previous [DELETED] payments of the period January 1, 2003 through December 31, 2003, which may result in [DELETED]. The [DELETED] payment and any other discount or incentive earned in arrears (other than the [DELETED] set forth in Section 4 below) corresponding to the last [DELETED] of the Term ([DELETED]), if any, shall not be due and owing until, and shall be subject to, reconciliation by Amgen. Reconciliation payments will be made by [DELETED], within [DELETED] days after the [DELETED] and receipt by Amgen of all required Data as set forth in Section 3(a)(i) above. |
| [DELETED] of all dialysis patients with [DELETED] | [DELETED] Percent [DELETED] as defined | [DELETED] Percent [DELETED] as defined | [DELETED] Percent [DELETED] as defined | |||
| package insert | in Section 5(a) | in Section 5(a) | in Section 5(a) | |||
| [DELETED] | [DELETED] | [DELETED] | [DELETED] |
Dialysis Center shall have the right, at its own cost and expense, at all times to audit all Data and all calculations relevant to the determination of eligibility for and amount of [DELETED] to be awarded to Dialysis Center hereunder. The parties shall meet and confer in good faith to resolve any disagreements arising out of these matters. If the parties are unable to resolve any such disagreement within ninety (90) days, the parties shall submit such disagreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that the parties shall be entitled to expanded discovery. Dialysis Center and Amgen shall each name one arbitrator, and the arbitrators so chosen shall, within thirty (30) days thereafter, name a third neutral arbitrator. The arbitration award, as decided by a majority of the arbitrators, may be entered as a judgment in accord with applicable law by any court having jurisdiction. Venue for the arbitration shall be Los Angeles County, California. Each party shall be responsible for its own attorneys’ fees, and the costs of the arbitration and of the arbitrators shall be shared equally by the parties; provided, however, that if the decision of the arbitrators finds that either of the parties has acted in bad faith, the party acting in bad faith alone shall be required to bear one hundred percent (100%) of the costs and expenses of the arbitration and of the arbitrators, as well as one hundred percent of the attorney’s fees of the other party. The arbitrators shall have the authority to award interest in respect to any monetary award.
| d. | Vesting: Dialysis Center’s [DELETED] will vest [DELETED], subject to the reconciliation referenced above, and will be paid in accordance with the terms and conditions described in this Section 3. In the event that the [DELETED] paid to Dialysis Center [DELETED] exceed Dialysis Center’s [DELETED] the difference between the [DELETED] paid and the [DELETED] within [DELETED] after Dialysis Centers |
12
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| receipt of [DELETED]. Similarly, in the event that Dialysis Center’s [DELETED] exceeds the [DELETED] that have been paid to Dialysis Center, [DELETED] the difference between the [DELETED] and the [DELETED] paid. |
| e. | [DELETED] Data Submission: To participate in the [DELETED], Dialysis Center must electronically submit [DELETED], rather than [DELETED], measurements. Such measurements must be submitted for all dialysis patients at each Affiliate whose test results are actually determined in labs owned and operated by Dialysis Center along with all other information described in Section 3(a) above. Amgen no longer accepts [DELETED] test results. |
| 4. | [DELETED]. Dialysis Center shall be eligible to receive a [DELETED] if certain data elements are transmitted electronically to Amgen. The [DELETED] will be calculated as a percentage of the Qualified Purchases of EPOGEN® attributable to Dialysis Center during the applicable [DELETED]. Failure of Dialysis Center to qualify during a particular [DELETED] shall not affect Dialysis Center’s eligibility to qualify during any other [DELETED] of the period January 1, 2003 through December 31, 2003, nor shall Dialysis Center’s qualification during a particular [DELETED] automatically result in qualification during any other [DELETED]. In order to qualify for the [DELETED], the following [DELETED] must be submitted to Amgen by all Affiliates pursuant to Section 15(c) of the Agreement in an electronic format acceptable to Amgen (Excel; Lotus 123.wki; or text file that is tab delimited, comma delimited, or space delimited): Facility ID, Patient ID (sufficient to consistently track an individual patient without in any way disclosing the identity of the patient), peritoneal dialysis (“PD”) denotation (a PD patient shall be defined as a patient who receives at least one (1) peritoneal dialysis treatment during a given month), [DELETED] delivered for each patient per treatment (but only for patients of Affiliates using the CRIS or Snappy systems), [DELETED] for each patient once per [DELETED], and all [DELETED] with their corresponding draw dates for each patient; provided, however, that Dialysis Center shall be required to submit such test results only for those dialysis patients whose test results are actually determined by laboratories owned and operated by Dialysis Center. Such [DELETED] must be submitted, on a [DELETED] basis, and no later than [DELETED] days after the end of each [DELETED]. Notwithstanding the foregoing, if Amgen receives all required data from a minimum of [DELETED] of all Affiliates within the definition of “Dialysis Center” within the time frame set forth herein for any [DELETED] within a given [DELETED], the total Qualified Purchases of EPOGEN® attributable to Dialysis Center during such [DELETED], will be included in the calculation of the [DELETED] for that [DELETED]. If Amgen receives all required data from [DELETED] of all Affiliates within the definition of “Dialysis Center” within the time frame set forth herein for any [DELETED] within a given [DELETED], the total Qualified Purchases of EPOGEN® attributable to those Affiliates that have submitted the required data during such [DELETED] will be included in the calculation of the [DELETED] for that [DELETED]. If Amgen receives all required data from less than [DELETED] of all Affiliates within the definition of “Dialysis Center” for any [DELETED] within a given [DELETED], no Qualified Purchases of Dialysis Center during such [DELETED] will be included in the calculation of the [DELETED] for that [DELETED]. However, if Amgen reasonably determines that any Affiliate is consistently not submitting the required data, Amgen and Dialysis Center will work collaboratively in resolving such inconsistencies. Amgen will use its best efforts to notify Dialysis Center in writing, no later than [DELETED] after the receipt and acceptance by Amgen of the Data, of the identity of all those Affiliates, if any, which have failed to meet the Data submission requirements for that [DELETED]. Amgen reserves the right in its sole discretion to exclude any consistently non-reporting Affiliate’s Qualified Purchases of EPOGEN® from the calculation of the [DELETED] for any relevant [DELETED]. Amgen will remit any earned [DELETED] payments within [DELETED] days after the end of each [DELETED], contingent upon receipt by Amgen of all required data. The [DELETED] will vest at the end of each [DELETED] and will be reconciled at the end of each [DELETED] based on the actual Qualified Purchases of EPOGEN® made by Dialysis Center during such [DELETED]. The reconciliation payment will be made within [DELETED] days after the end of such [DELETED]. In addition to the foregoing, the [DELETED] will also be subject to reconciliation [DELETED] and Amgen may withhold |
13
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| payment of the [DELETED] payment subject to such reconciliation. The final reconciliation payment will be made within [DELETED] days of the [DELETED], contingent upon receipt by Amgen of all required data. Dialysis Center shall have the right, at its own cost and expense, at all times to audit all Data and all calculations relevant to the determination of eligibility for and amount of [DELETED] to be paid to Dialysis Center hereunder. |
The parties shall meet and confer in good faith to resolve any disagreements arising out of these matters. If the parties are unable to resolve any such disagreement within ninety (90) days, the parties shall submit such disagreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that the parties shall be entitled to expanded discovery. Dialysis Center and Amgen shall each name one (1) arbitrator, and the arbitrators so chosen shall, within thirty (30) days thereafter, name a third neutral arbitrator. The arbitration award, as decided by a majority of the arbitrators, may be entered as a judgment in accord with applicable law by any court having jurisdiction. Venue for the arbitration shall be Los Angeles County, California. Each party shall be responsible for its own attorneys’ fees, and the costs of the arbitration and of the arbitrators shall be shared equally by the parties; provided, however, that if the decision of the arbitrators finds that either of the parties has acted in bad faith, the party acting in bad faith alone shall be required to bear one hundred percent (100%) of the costs and expenses of the arbitration and of the arbitrators, as well as one hundred percent of the attorney’s fees of the other party. The arbitrators shall have the authority to award interest in respect to any monetary award.
| 5. | [DELETED]. Dialysis Center may qualify for the [DELETED] as described below. |
| a. | Calculation: Dialysis Center’s [DELETED] will be calculated in accordance with the following formula. |
Where [DELETED] = AxB
A = [DELETED] of EPOGEN® during the relevant [DELETED] by all Affiliates.
B = A percent in accordance with the [DELETED] schedule listed below.
C = [DELETED].
D = [DELETED].
[DELETED]
For purposes of calculating [DELETED], Amgen will [DELETED] of EPOGEN® and Aranesp® during each [DELETED] of the period January 1, 2003 through December 31, 2003 by all Affiliates listed on Appendix B on the Commencement Date of this Amendment and all new approved Affiliates (whether by acquisition, to the extent that either Amgen or Dialysis Center can provide adequate data concerning such Affiliates’ [DELETED], or de novo), [DELETED] of EPOGEN®, for the [DELETED]. [DELETED] represents the actual annual [DELETED] of EPOGEN® derived from [DELETED]. Additionally, the [DELETED] has been reconciled to address Affiliates acquired or deleted from the Agreement through [DELETED]. If any Affiliates are added to or deleted from the Agreement from [DELETED], Amgen shall appropriately adjust Dialysis Center’s [DELETED] for the relevant periods (x) for deleted Affiliates, by excluding [DELETED] by such Affiliates effective from the effective date of their deletion and during the relevant [DELETED] used for [DELETED], or (y) for added Affiliates, by including any [DELETED] made by such acquired Affiliates effective from the date they are added to the list of Affiliates on Appendix B and during the relevant [DELETED] used for [DELETED], and by including any [DELETED] made by any de novo Affiliates commencing in the [DELETED] in which they commence operations . In addition, no later than [DELETED] days following the [DELETED], Amgen will conduct an analysis to determine the [DELETED] achieved by Dialysis Center during the [DELETED], by [DELETED] of EPOGEN® and Aranesp® during the [DELETED] by all Affiliates listed on Appendix B on the effective date of this Amendment and all new approved Affiliates (whether by acquisition, to the extent that either Amgen or Dialysis Center can provide adequate data concerning such Affiliates’ [DELETED], or de novo) [DELETED] of EPOGEN® for the [DELETED]. For purposes of
14
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| calculating the [DELETED] of EPOGEN® and Aranesp® [DELETED] period shall be derived using Amgen’s prevailing [DELETED] for all EPOGEN® [DELETED] made in [DELETED] (including [DELETED] by acquired and/or deleted Affiliates as defined above), and Amgen’s prevailing [DELETED] of this Agreement ([DELETED]) for all EPOGEN® and Aranesp® [DELETED] made in [DELETED]. |
[DELETED]
Estimated payments will be made each [DELETED] within [DELETED] days after receipt by Amgen of all [DELETED] data using Amgen’s discount calculation policies, and the [DELETED] will be reconciled within [DELETED] days after [DELETED].
| b. | Vesting: Dialysis Center’s [DELETED] will vest [DELETED] and will be paid in accordance with Section 8 of this Agreement. In the event that the [DELETED] paid to Dialysis Center [DELETED] exceed Dialysis Center’s [DELETED] the difference between the [DELETED] paid and the [DELETED] within [DELETED] of Dialysis Center’s receipt of [DELETED]. Similarly, in the event that Dialysis Center’s [DELETED] exceeds the [DELETED] that have been paid to Dialysis Center, [DELETED] the difference between the [DELETED] and the [DELETED] paid. |
Dialysis Center shall have the right, at its own cost and expense, at all times to audit all Data and all calculations relevant to the determination of eligibility for and amount of [DELETED] to be awarded to Dialysis Center hereunder, including, without limitation, the [DELETED] above. The parties shall meet and confer in good faith to resolve any disagreements arising out of these matters. If the parties are unable to resolve any such disagreement within ninety (90) days, the parties shall submit such disagreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that the parties shall be entitled to expanded discovery. Dialysis Center and Amgen shall each name one arbitrator, and the arbitrators so chosen shall, within thirty (30) days thereafter, name a third neutral arbitrator. The arbitration award, as decided by a majority of the arbitrators, may be entered as a judgment in accord with applicable law by any court having jurisdiction. Venue for the arbitration shall be Los Angeles County, California. Each party shall be responsible for its own attorneys’ fees, and the costs of the arbitration and of the arbitrators shall be shared equally by the parties; provided, however, that if the decision of the arbitrators finds that either of the parties has acted in bad faith, the party acting in bad faith alone shall be required to bear one hundred percent of the costs and expenses of the arbitration and of the arbitrators, as well as one hundred percent (100%) of the attorney’s fees of the other party. The arbitrators shall have the authority to award interest in respect to any monetary award.
| 5. | [DELETED]. Dialysis Center may [DELETED] for the [DELETED] as described below. |
| a. | Throughout the Term of this Agreement, Amgen hereby elects [DELETED] to be organized by Dialysis Center throughout the Term of this Agreement [DELETED]. Dialysis Center may, from time to time and in its sole discretion, establish or alter the [DELETED], so long as during the Term, [DELETED] will include Dialysis Center [DELETED]. In consideration for the [DELETED], and to receive all of the [DELETED] generally accorded by Dialysis Center to all [DELETED], Amgen will provide to Dialysis Center [DELETED] to Dialysis Center throughout the Term of this Agreement. Dialysis Center [DELETED] shall provide to Amgen, within [DELETED] following the [DELETED], documentation regarding [DELETED]. [DELETED] Dialysis Center in the [DELETED] within [DELETED] following the [DELETED]. [DELETED] for any period during the Term that is not [DELETED] will be based [DELETED]. Such [DELETED] immediately upon the conclusion, at any time during the Term, of the [DELETED]. |
| b. | Amgen may elect [DELETED] that may be organized from time to time by Dialysis Center during the Term, in addition to the [DELETED], on such additional terms and conditions as shall generally apply to [DELETED]. [DELETED] Amgen of a [DELETED] under this Section shall not entitle Amgen [DELETED] in any such [DELETED]. |
15
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| c. | [DELETED]. The parties shall meet and confer in good faith to resolve any disagreements arising out of these matters. If the parties are unable to resolve any such disagreement within a reasonable time period, the parties shall submit such disagreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that the parties shall be entitled to expanded discovery. Dialysis Center and Amgen shall each name one arbitrator, and the arbitrators so chosen shall, within 30 days thereafter, name a third neutral arbitrator. The arbitration award, as decided by a majority of the arbitrators, may be entered as a judgment in accord with applicable law by a court having jurisdiction. Venue for the arbitration shall be Los Angeles County, California. Each party shall be responsible for its own attorneys’ fees, and the costs of the arbitration and of the arbitrators shall be shared equally by the parties; provided, however, that if the decision of the arbitrators finds that either of the parties has acted in bad faith, the party acting in bad faith alone shall be required to bear one hundred percent (100%) of the costs and expenses of the arbitration and of the arbitrators, as well as one hundred percent (100%) of the attorney’s fees of the other party. The arbitrators shall have the authority to award interest in respect to any monetary award. |
| d. | Amgen hereby acknowledges receipt of a copy of Dialysis Center’s current [DELETED] and [DELETED], and agrees to be bound by the terms thereof. Dialysis Center agrees that, except as provided in the [DELETED], none of its agents, representatives or employees (“Agents”) shall otherwise [DELETED] Amgen for any other [DELETED], for Dialysis Center or any of its agents or facilities, whether [DELETED], at any [DELETED] or pursuant to any other [DELETED]. Amgen acknowledges and agrees that, except as provided in the [DELETED], it shall not [DELETED] any such other [DELETED] to Dialysis Center, its Agents, or its facilities. |
16
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
Appendix B
List of Dialysis Center Affiliates
| ACIS | Account Name | Address | City | State | Zip | |||||
| 108669 | Scottsbluff Dialysis Center | 3812 Avenue B. | Scottsbluff | NE | 69361 | |||||
| 208876 | DaVita Chinle Dialysis Facility | U.S. Highway 191, Po Box 897 | Chinle | AZ | 86503 | |||||
| 208878 | DaVita of Sterling Dialysis Center | 46396 Benedict Drive, Suite 100 | Sterling | VA | 20164 | |||||
| 208880 | Continental Dialysis Center—Manassas | 8409 Dorsey Circle, Suite 101 | Manassas | VA | 20110 | |||||
| 208881 | DaVita Desert Mountain Dialysis | 9220 East Mountainview Road, Suite 105 | Scottsdale | AZ | 85258 | |||||
| 208882 | DaVita Los Angeles Dialysis Center | 2250 South Western Avenue, Suite 100 | Los Angeles | CA | 90018 | |||||
| 208885 | DaVita Monterey Park Dialysis Center, Inc. | 2560 Corporate Place, Building D, Suites 100-101 | Monterey Park | CA | 91754 | |||||
| 208891 | DaVita—Lawrenceburg Dialysis | 555 Eads Parkway, Suite 200 | Lawrenceburg | IN | 47025 | |||||
| 208894 | Renal Treatment Center—Madison | 220 Clifty Drive Unit K | Madison | IN | 47250 | |||||
| 208970 | DaVita Hayward Dialysis Center | 22477 Maple Court | Hayward | CA | 94541 | |||||
| 208978 | Renal Treatment Center of Fort Valley | 557 North Camelia Boulevard | Fort Valley | GA | 31030 | |||||
| 208991 | DaVita Midtown Atlanta | 121 Linden Avenue | Atlanta | GA | 30308 | |||||
| 209042 | Walnut Creek Dialysis Center | 108 La Casa Via, Suites 100 And 106 | Walnut Creek | CA | 94598 | |||||
| 209049 | Platte Place Dialysis, A Total Renal Care Facility | 2361 East Platte Place | Colorado Springs | CO | 80909 | |||||
| 209050 | DaVita—Thornton Dialysis Center | 8800 Fox Drive | Thornton | CO | 80260 | |||||
| 209089 | Mid-Town Macon Dialysis | 657 Hemlock Street, Suite 100 | Macon | GA | 31201 | |||||
| 209125 | DaVita Dba: Southfield Dialysis Center | 23077 Greenfield Road, Suite 104 | Southfield | MI | 48075 | |||||
| 209127 | North Oakland Dialysis Facility | 450 North Telegraph | Pontiac | MI | 48341 | |||||
| 209334 | Bay Area Dialysis Center, Inc. | 1101 9th Street North | St. Petersburg | FL | 33701 | |||||
| 209338 | New Port Richey Kidney Center | 4807 Grand Boulevard | New Port Richey | FL | 34652 | |||||
| 209343 | Hernando Kidney Center | 2985-A Landover Boulevard | Spring Hill | FL | 34608 | |||||
| 209346 | DaVita—Pompano Beach Artificial Kidney Center | 1311 East Atlantic Boulevard | Pompano Beach | FL | 33060 | |||||
| 209351 | Fort Lauderdale Renal Associates, Inc. | 6264 North Federal Highway | Fort Lauderdale | FL | 33308 | |||||
| 209406 | Mid-Columbia Kidney Center | 117 South 3rd Avenue | Pasco | WA | 99301 | |||||
| 209425 | Continental Dialysis Center—Springfield Trc | 8350a Traford Lane | Springfield | VA | 22152 | |||||
| 209426 | East End Dialysis Center of Total Renal Care, Inc. | 2201 East Main Street, Suite 100 | Richmond | VA | 23223 | |||||
| 209439 | Continental Dialysis Center—Woodbridge Dialysis | 2751 Killarney Drive | Woodbridge | VA | 22192 | |||||
| 209507 | Total Renal Care—Bedford Dba: Heb Dialysis Center | 1401 Brown Trail, Suite A | Bedford | TX | 76022 | |||||
| 209518 | DaVita Dialysis | 5610 Almeda Road | Houston | TX | 77004 | |||||
| 209519 | DaVita—Southwest San Antonio Dialysis | 7515 Barlite Boulevard | San Antonio | TX | 78224 | |||||
| 209520 | Total Renal Care | 1211 East Commerce | San Antonio | TX | 78205 | |||||
| 209523 | Total Renal Care—Victoria | 1405 Victoria Station Drive | Victoria | TX | 77901 | |||||
| 209524 | Fourth Street Dialysis | 3101b North 4th Street | Longview | TX | 75605 | |||||
| 209751 | Total Renal Care, Dba: Camp Hill Dialysis Center | 425 North 21st Street, Plaza 21, First Floor | Camp Hill | PA | 17011 | |||||
| 209754 | Franklin Dialysis Center | Garfield Duncan Building, 700 Spruce Street | Philadelphia | PA | 19106 | |||||
| 209763 | Total Renal Care—Exton | 710 Springdale Drive | Exton | PA | 19341 | |||||
| 209776 | Renal Treatment Center—Upland | 1 Medical Boulevard, Professional Office Building Ii, Suite 120 | Upland | PA | 19013 | |||||
| 209915 | Southeastern Dialysis Center | 608 Pecan Lane | Whiteville | NC | 28472 | |||||
| 209925 | Southeastern Dialysis of Wilmington | 2215 Yaupon Drive | Wilmington | NC | 28401 | |||||
| 209929 | Asheville Kidney Center for Dialysis—A Total Renal Care Facility | 10 Mcdowell Street | Asheville | NC | 28801 | |||||
| 209953 | Richmond Kidney Center | 1366 Victory Boulevard | Staten Island | NY | 10301 | |||||
| 209962 | South Brooklyn Nephrology Center, Inc. | 3915 Avenue V. | Brooklyn | NY | 11234 | |||||
| 209970 | South Bronx Kidney Center | 1940 Webster Avenue | Bronx | NY | 10457 | |||||
| 210054 | DaVita—Four Corners Dialysis Center | 815/817 West Broadway | Farmington | NM | 87401 |
17
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 210097 | DaVita—Las Vegas Dialysis Center | 3100 West Charleston, Suite 100 | Las Vegas | NV | 89102 | |||||
| 210134 | Renal Treatment Center—St. Louis | 2610 Clark Avenue | St. Louis | MO | 63103 | |||||
| 210178 | DaVita Burnsville Dialysis | 303 East Nicollet, Suite 363 | Burnsville | MN | 55337 | |||||
| 210179 | DaVita Coon Rapids Dialysis | 3960 Coon Rapids Boulevard, Suite 309 | Coon Rapids | MN | 55433 | |||||
| 210198 | Minneapolis Dialysis Center of DaVita | 825 South 8th Street, Suite Sl42 | Minneapolis | MN | 55404 | |||||
| 210271 | Total Renal Care—Northwest Baltimore Mount Washington | 1340 Smith Avenue | Baltimore | MD | 21209 | |||||
| 210276 | Downtown Dialysis Center | 821 North Eutaw Street, Suite 401 | Baltimore | MD | 21201 | |||||
| 210278 | Total Renal Treatment—Berlin Dialysis Center | 314 Franklin Avenue, Suite 306 Berlin Professional Center | Berlin | MD | 21811 | |||||
| 210286 | DaVita Easton Dialysis | 402 Marvel Court | Easton | MD | 21601 | |||||
| 210287 | DaVita Rockville | 14915 Broschart Road, Suite 100 | Rockville | MD | 20850 | |||||
| 210335 | DaVita—Tri-Parish Chronic Renal Center | 2345 St. Claude Avenue | New Orleans | LA | 70117 | |||||
| 210350 | DaVita—Westbank Chronic Renal Center | 4422 General Meyer Avenue, Suite 103 | New Orleans | LA | 70131 | |||||
| 210359 | DaVita New Orleans | 4528 Freret Street | New Orleans | LA | 70115 | |||||
| 210381 | Woodland Dialysis Center | 912 Woodland Drive | Elizabethtown | KY | 42701 | |||||
| 210397 | DaVita—Wichita Dialysis | 909 North Topeka | Wichita | KS | 67214 | |||||
| 210423 | Batesville Dialysis Center | 232 State Road 129 North | Batesville | IN | 47006 | |||||
| 210453 | Granite City Dialysis—Total Renal Care | 1300 Neidringhaus Avenue | Granite City | IL | 62040 | |||||
| 210456 | DaVita Logan Square Dialysis Services, Inc. | 2659 North Milwaukee Avenue | Chicago | IL | 60647 | |||||
| 210461 | Total Renal Care—Hyde Park Kidney Center | 1437-39 East 53rd Street | Chicago | IL | 60615 | |||||
| 210462 | Lincoln Park Dialysis Services—Total Renal Care | 3157 North Lincoln Avenue | Chicago | IL | 60657 | |||||
| 210528 | Elberton Dialysis Facility, Incorporated | 325 North Mcintosh Street | Elberton | GA | 30635 | |||||
| 210530 | DaVita of Vidalia | 1806 Edwina Drive | Vidalia | GA | 30474 | |||||
| 210544 | DaVita Griffin Dialysis Center | 731 South 8th Street | Griffin | GA | 30224 | |||||
| 210546 | DaVita Washington Dialysis Center | 154 Washington Plaza | Washington | GA | 30673 | |||||
| 210549 | DaVita—Southwest Atlanta Nephrology | 3620 Martin Luther King Drive | Atlanta | GA | 30331 | |||||
| 210555 | DaVita Jonesboro | 118 Stockbridge Road | Jonesboro | GA | 30236 | |||||
| 210588 | The Center for Kidney Disease | 1190 Northwest 95th Street, Suite 208 | Miami | FL | 33150 | |||||
| 210593 | Lejeune Dialysis Center, Inc. | 4338 Northwest 7th Street | Miami | FL | 33126 | |||||
| 210604 | Delray Artificial Kidney Center | 16244 South Military Trail, Suite 110 | Delray Beach | FL | 33484 | |||||
| 210608 | Bayonet Point—Hudson Kidney Center | 14144 Nephron Lane | Hudson | FL | 34667 | |||||
| 210621 | DaVita—Port Charlotte Artificial Kidney Center | 4300 Kings Highway, Suite 406, Box D17 | Port Charlotte | FL | 33980 | |||||
| 210635 | Interamerican Dialysis Institute, Inc. | 7815 Coral Way, Suite 119 | Miami | FL | 33155 | |||||
| 210645 | Boca Raton Artificial Kidney Center | 998 Northwest 9th Court | Boca Raton | FL | 33486 | |||||
| 210651 | DaVita—Panama City Dialysis | 615 Highway 231 | Panama City | FL | 32405 | |||||
| 210655 | Dialysis Associates of the Palm Beaches, Inc. | 2611 Poinsettia Avenue | West Palm Beach | FL | 33407 | |||||
| 210661 | South Broward Artificial Kidney Center | 4401 Hollywood Boulevard | Hollywood | FL | 33021 | |||||
| 210684 | DaVita—Grant Park Dialysis | 5000 Burroughs Avenue, Northeast | Washington | DC | 20019 | |||||
| 210723 | DaVita Pikes Peak Dialysis Center | 2120 East La Salle Street | Colorado Springs | CO | 80909 | |||||
| 210725 | DaVita Lakewood Dialysis Center | 1750 North Pierce Street, Suite B. | Lakewood | CO | 80214 | |||||
| 210738 | United Dialysis Center | 2880 Atlantic Avenue, Suite 230 | Long Beach | CA | 90806 | |||||
| 210748 | Antelope Dialysis Center, Dba: Total Renal Care—Antelope Clinic | 6406 Tupelo Drive, Suite A | Citrus Heights | CA | 95621 | |||||
| 210750 | DaVita—Corona Dialysis Center | 1820 Fullerton Avenue, Suite 180 | Corona | CA | 92881 | |||||
| 210754 | DaVita Palm Desert Dialysis Center, Inc. | 41-501 Corporate Way | Palm Desert | CA | 92260 | |||||
| 210757 | DaVita Garey Dialysis Center | 1880 North Garey Avenue | Pomona | CA | 91767 | |||||
| 210759 | DaVita—Paramount Dialysis Center | 8319 Alondra Boulevard | Paramount | CA | 90723 | |||||
| 210764 | Satellite Dialysis Centers, Inc. | 1729 North Olive Avenue, Suite 9 | Turlock | CA | 95382 | |||||
| 210776 | DaVita Pacific Coast Dialysis Center | 1416 Centinela Avenue | Inglewood | CA | 90302 | |||||
| 210779 | DaVita Wilshire Dialysis Center | 1212 Wilshire Boulevard | Los Angeles | CA | 90017 | |||||
| 210780 | Satellite Dialysis Centers, Inc. | 1255 North Dutton Avenue, Park Center 2 | Santa Rosa | CA | 95401 | |||||
| 210781 | Satellite Dialysis Centers, Inc. | 40 Pennylane, Suite 1 | Watsonville | CA | 95076 | |||||
| 210790 | DaVita Hemet Dialysis Center | 1330 South State Street, Suite B. | San Jacinto | CA | 92583 |
18
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 210796 | DaVita—Eaton Canyon Dialysis Center | 2551 East Washington Boulevard | Pasadena | CA | 91107 | |||||
| 210799 | DaVita—Piedmont Dialysis | 2710 Telegraph Avenue | Oakland | CA | 94612 | |||||
| 210800 | Satellite Dialysis Centers, Inc. | 136 East Columbia Way | Sonora | CA | 95370 | |||||
| 210805 | Manzanita Dialysis Center, Dba: Total Renal Care—Manzanita | 5120 Manzanita Avenue, Suites 140 And 160 | Carmichael | CA | 95608 | |||||
| 210806 | Salinas Valley Dialysis Services, Inc. | 955 Blanco Circle, Suite C | Salinas | CA | 93901 | |||||
| 210808 | Satellite Dialysis Centers, Inc. | 393 Blossom Hill Road, Suite 110 | San Jose | CA | 95123 | |||||
| 210809 | DaVita—Beverly Hills Dialysis Center | 8762 West Pico Boulevard | Los Angeles | CA | 90035 | |||||
| 210815 | DaVita Whittier Dialysis Center | 10155 Colima Road | Whittier | CA | 90603 | |||||
| 210827 | Covina Dialysis Center | 1547 West Garvey Avenue | West Covina | CA | 91791 | |||||
| 210833 | Downey Dialysis Center | 8630 Florence Avenue | Downey | CA | 90240 | |||||
| 210835 | Satellite Dialysis Centers, Inc. | 2121 Alexian Drive | San Jose | CA | 95116 | |||||
| 210838 | South Sacramento Dialysis Center, Dba: Total Renal Care—South Sacramento | 7000 Franklin Boulevard, Suite 880 | Sacramento | CA | 95823 | |||||
| 210843 | DaVita Garfield Hemodialysis Center | 118 Hilliard Avenue | Monterey Park | CA | 91754 | |||||
| 210844 | Yuba City Dialysis Center, Dba: Total Renal Care—Yuba City | 1007 Live Oak Boulevard, Suite B-4 | Yuba City | CA | 95991 | |||||
| 210851 | Satellite Dialysis | 2128 Soquel Avenue | Santa Cruz | CA | 95062 | |||||
| 210852 | Valley Dialysis Center | 16149 Hart Street | Van Nuys | CA | 91406 | |||||
| 210853 | Chico Dialysis Center, Dba: Total Renal Care—Chico | 530 Cohasset Road | Chico | CA | 95926 | |||||
| 210855 | Satellite Dialysis Centers, Inc. | 1410 Marshall Street | Redwood City | CA | 94063 | |||||
| 210867 | DaVita Lakewood Dialysis Center | 4645 Silva Street | Lakewood | CA | 90712 | |||||
| 210872 | Riverside Dialysis Center | 4361 Latham Street, Suite 100 | Riverside | CA | 92501 | |||||
| 210873 | Satellite Dialysis Centers, Inc. | 1329 Spanos Court, Building D | Modesto | CA | 95355 | |||||
| 210874 | DaVita University Dialysis Center | 300 University Avenue, Suite 103 | Sacramento | CA | 95825 | |||||
| 210876 | Redding Dialysis Center, Dba: Total Renal Care—Redding | 1876 Park Marina Drive | Redding | CA | 96001 | |||||
| 210878 | Satellite Dialysis Larkspur #771 | 565 Sir Francis Drake Boulevard | Greenbrae | CA | 94904 | |||||
| 210889 | Satellite Dialysis Centers, Inc. | 1175 Saratoga Avenue, Suite 14 | San Jose | CA | 95129 | |||||
| 210893 | Community Hemodialysis Unit of San Francisco | 1800 Haight Street | San Francisco | CA | 94117 | |||||
| 210897 | Kidney Dialysis Care Units | 3600 East Martin Luther King, Junior Boulevard | Lynwood | CA | 90262 | |||||
| 210978 | Tuba City Dialysis | 500 Edgewater Drive | Tuba City | AZ | 86045 | |||||
| 210979 | Total Renal Care, Dba: Scottsdale Dialysis Center | 7321 East Osborn Drive | Scottsdale | AZ | 85251 | |||||
| 211005 | Phenix City Dialysis Center | 1900 Opelika Road | Phenix City | AL | 36867 | |||||
| 213230 | Placerville Dialysis Center, Dba: Total Renal Care—Placerville | 3964 Missouri Flat Road, Suite J. | Placerville | CA | 95667 | |||||
| 213248 | Total Renal Care—Carroll County Dialysis Facility | 412 Malcolm Drive, Suite 310 | Westminster | MD | 21157 | |||||
| 213260 | DaVita—Boulder Dialysis Center | 2880 Folsom Street, Suite 110 | Boulder | CO | 80304 | |||||
| 213274 | DaVita—Arden Hills Dialysis | 3900 Northwoods Drive, Suite 110 | Arden Hills | MN | 55112 | |||||
| 213279 | Total Renal Care—Crystal City Dialysis | Highway 61 South And I. 55 | Crystal City | MO | 63019 | |||||
| 213287 | DaVita—Bluff City Dialysis | 2400 Lucy Lee Parkway, Suite E. | Poplar Bluff | MO | 63901 | |||||
| 213288 | Mount Dora Dialysis | 2744 West Old Highway 441 | Mount Dora | FL | 32757 | |||||
| 213290 | Venture Dialysis Center, Inc. | 16855 Northeast 2nd Avenue, Suite 205 | North Miami Beach | FL | 33162 | |||||
| 213295 | North Palm Beach Dialysis Center, Inc. | 3375 Burns Road, Suite 101 | Palm Beach Gardens | FL | 33410 | |||||
| 213305 | Total Renal Care—Tamarac Artificial Kidney Center | 7140-48 West Mcnab Road | Tamarac | FL | 33321 | |||||
| 213319 | DaVita—Nephrology Center of Augusta, Inc. | 1238 D’Antignac Street | Augusta | GA | 30901 | |||||
| 213323 | Renal Treatment Center—Columbus | 6228 Bradley Park Drive, Suite B. | Columbus | GA | 31904 | |||||
| 213324 | Dialysis Care of Mecklenburg | 3515 Latrobe Drive | Charlotte | NC | 28211 | |||||
| 213327 | Dialysis Care of Rockingham County | 251 West King’S Highway | Eden | NC | 27288 | |||||
| 213331 | Dialysis Care of Richmond | Highway 177 South, Behind Britthaven | Hamlet | NC | 28345 | |||||
| 213339 | DaVita Milledgeville | 400 South Wayne Street | Milledgeville | GA | 31061 |
19
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 213343 | Dialysis Care of Moore | #16 Regional Drive, Suite 1-4 | Pinehurst | NC | 28374 | |||||
| 213347 | Dialysis Care of Rowan | 1406 B. West Innes Street | Salisbury | NC | 28144 | |||||
| 213362 | Lake County Dialysis | 918 South Milwaukee | Libertyville | IL | 60048 | |||||
| 213366 | Total Renal Care Olympia Fields | 4557b West Lincoln Highway | Matteson | IL | 60443 | |||||
| 213376 | Total Renal Care—Lincolnland | 1112 Centre West Drive | Springfield | IL | 62704 | |||||
| 213391 | Garden City Dialysis Center of Total Renal Care | 310 East Walnut | Garden City | KS | 67846 | |||||
| 213393 | Total Renal Care—Independence Dialysis | 801 West Myrtle | Independence | KS | 67301 | |||||
| 213398 | Taylor County Dialysis Facility | 101 Kingswood Drive | Campbellsville | KY | 42718 | |||||
| 213410 | DaVita—Midwest City | 2801 Park Lawn Drive, Suite 304 | Midwest City | OK | 73110 | |||||
| 213426 | St. Charles Dialysis Unit | 3600 Prytania Street, Suite 83 | New Orleans | LA | 70115 | |||||
| 213433 | Slidell Kidney Care | 1150 Robert Boulevard, Suite 240 | Slidell | LA | 70458 | |||||
| 213451 | DaVita—Shawnee Dialysis Center | 2508 North Harrison Avenue | Shawnee | OK | 74804 | |||||
| 213471 | DaVita—Marshall Dialysis | 1301 South Washington | Marshall | TX | 75670 | |||||
| 213484 | Total Renal Care—Northwest San Antonio | 8132 Fredericksburg Road | San Antonio | TX | 78229 | |||||
| 213496 | Upstate Dialysis Center, Inc. | 308 Mills Avenue | Greenville | SC | 29605 | |||||
| 213498 | Greer Kidney Center, Inc. | 211 Village Drive | Greer | SC | 29651 | |||||
| 213504 | Meherrin Dialysis Center, Inc. | 201-A Weaver Avenue | Emporia | VA | 23847 | |||||
| 213540 | Edina Dialysis of Total Renal Care | 6550 York Avenue South, Suite 100 | Edina | MN | 55435 | |||||
| 213542 | Marshall Dialysis of Total Renal Care | 300 South Bruce Street | Marshall | MN | 56258 | |||||
| 213544 | Red Wing Dialysis DaVita | 1407 West 4th Street | Red Wing | MN | 55066 | |||||
| 213547 | St. Croix Falls Dialysis—Total Renal Care | 744 Louisiana East | St. Croix Falls | WI | 54024 | |||||
| 213560 | Southeastern Dialysis Center, Inc. | 14 Office Park Drive | Jacksonville | NC | 28546 | |||||
| 213561 | Southeastern Dialysis of Kenansville | 305 Beasley Street | Kenansville | NC | 28349 | |||||
| 213570 | Georgetown On the Potomac Dialysis Center | 3223 K Street Northwest, Suite 110 | Washington | DC | 20007 | |||||
| 213582 | Gulf Coast Dialysis, Inc. | 3300 Tamiami Trail, Suite 101a | Port Charlotte | FL | 33952 | |||||
| 213674 | Bertha Sirk Dialysis Center, Inc. | 5820 York Road, Suite 10 | Baltimore | MD | 21212 | |||||
| 213722 | DaVita—Bhs Dialysis Services | 1255 East 3900 South | Salt Lake City | UT | 84124 | |||||
| 213723 | Alhambra Dialysis Center, Dba: Total Renal Care—Alhambra | 1315 Alhambra Boulevard, Suite 100 | Sacramento | CA | 95816 | |||||
| 213727 | DaVita St. Paul Dialysis | 555 Park Street, Suite 180 | St. Paul | MN | 55103 | |||||
| 213728 | Regional Kidney Disease Program of Total Renal Care, Dba: West St. Paul Dialysis | 1555 Livingston | West St. Paul | MN | 55118 | |||||
| 213742 | DaVita—Northwest Bethany | 7800 Northwest 23rd Street, Suite A | Bethany | OK | 73008 | |||||
| 213749 | Sylva Dialysis Center | 655 Asheville Highway | Sylva | NC | 28779 | |||||
| 213820 | DaVita—University Park Dialysis Center | 3986 South Figueroa Street | Los Angeles | CA | 90037 | |||||
| 216245 | DaVita Norwalk Dialysis Center | 12375 East Imperial Highway | Norwalk | CA | 90650 | |||||
| 216247 | DaVita—Cincinnati | 815 Eastgate Boulevard South | Cincinnati | OH | 45245 | |||||
| 216368 | DaVita Lufkin Dialysis | 509 Chestnut Village | Lufkin | TX | 75901 | |||||
| 216792 | DaVita Cass Lake Dialysis | 602 Grand Utley Street | Cass Lake | MN | 56633 | |||||
| 216796 | Rosebud Dialysis of DaVita | 1 Soldier Creek Road | Rosebud | SD | 57570 | |||||
| 217091 | DaVita Greater El Monte Dialysis Center | 1938 Tyler Avenue, Suite J-168 | El Monte | CA | 91733 | |||||
| 217182 | DaVita—Provo | 1134 North 500 West | Provo | UT | 84604 | |||||
| 218763 | DaVita—Gary | 4802 Broadway | Gary | IN | 46408 | |||||
| 218764 | DaVita—Hammond | 222 Douglas Street | Hammond | IN | 46320 | |||||
| 219028 | Northwest Kidney Center, Llp | 11029 Northwest Freeway | Houston | TX | 77092 | |||||
| 219160 | Southeastern Dialysis Center, Inc. | 704 South Dickerson | Burgaw | NC | 28425 | |||||
| 219611 | Complete Dialysis Care, Inc. | 7850 West Sample Road | Coral Springs | FL | 33065 | |||||
| 219739 | Piedmont Dialysis Center | 2285 Peachtree Road, Suite 200 | Atlanta | GA | 30309 | |||||
| 219743 | DaVita—Doctors Dialysis Center of East Los Angeles | 4036 East Whittier Boulevard, Suite 100 | Los Angeles | CA | 90023 | |||||
| 219857 | DaVita—Peralta Renal Center | 450 30th Street | Oakland | CA | 94609 | |||||
| 219952 | Continental Dialysis Center—Alexandria | 5999 Stevenson Avenue, Suite 100 | Alexandria | VA | 22304 | |||||
| 219968 | Total Renal Care—Cape May Courthouse | 144 Magnolia Drive | Cape May Courthouse | NJ | 08210 |
20
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 220161 | Baltimore County Dialysis Facility (Mason-Dixon Dialysis Facility) | 9635a Liberty Road | Randallstown | MD | 21133 | |||||
| 220477 | Life Care Dialysis Center | 221 West 61st Street | New York | NY | 10023 | |||||
| 220649 | DaVita—Hopewell Dialysis | 301 West Broadway | Hopewell | VA | 23860 | |||||
| 221169 | Catskill Dialysis and Renal Disease Center | Route 42 And Lloyd Lane | Monticello | NY | 12701 | |||||
| 221297 | DaVita—Miami Lakes Artifical Kidney Center | 14600 60th Avenue Northwest | Miami Lakes | FL | 33014 | |||||
| 221360 | Waterloo Dialysis Center | 4200 North Lamar Street, Suite 100 | Austin | TX | 78756 | |||||
| 221633 | Total Renal Care—Kingwood | 2300 Green Oaks, Suite 500 | Kingwood | TX | 77339 | |||||
| 221765 | Renal Care of Buffalo, Inc. | 550 Orchard Park Road, Suite B104 | Buffalo | NY | 14224 | |||||
| 221767 | Faribault Dialysis of Total Renal Care | 201 South Lyndale Avenue | Faribault | MN | 55021 | |||||
| 221850 | Hope Again Dialysis | 1207 State Route V.V. | Kennett | MO | 63857 | |||||
| 221965 | Ocean Garden Dialysis Center | 1738 Ocean Avenue | San Francisco | CA | 94112 | |||||
| 221973 | Satellite Home Care Llc—Modesto | 1208 Floyd Avenue | Modesto | CA | 95350 | |||||
| 221981 | DaVita—Duncan Dialysis | 2645 West Elk | Duncan | OK | 73533 | |||||
| 221999 | Dialysis Care of Anson County | 923 East Caswell Street | Wadesboro | NC | 28170 | |||||
| 223140 | DaVita—Altus Dialysis Center | 205 South Park Lane, Suite 130 | Altus | OK | 73521 | |||||
| 223253 | Total Renal Care—Wilmington Dialysis | 700 Lea Boulevard, Suite G2 | Wilmington | DE | 19802 | |||||
| 223507 | DaVita—East Bay Peritoneal Dialysis | 13939 East 14th Street, Suite 110 | San Leandro | CA | 94578 | |||||
| 223774 | DaVita—North Las Vegas | 2300 Mcdaniel Street | North Las Vegas | NV | 89030 | |||||
| 224112 | Total Renal Care—Northeast Philadelphia | 518 Knorr Street | Philadelphia | PA | 19111 | |||||
| 224113 | South Philadelphia Dialysis Center | 109 Dickinson Street | Philadelphia | PA | 19147 | |||||
| 224329 | Central City Dialysis Center | 1300 Murchison Street, Suite 320 | El Paso | TX | 79902 | |||||
| 224349 | DaVita Dialysis Center of Middle Georgia | 747 Second Street | Macon | GA | 31201 | |||||
| 224554 | Renal Treatment Center—East St. Louis | 129 North Eighth Street 3rd Floor | East St. Louis | IL | 62201 | |||||
| 224565 | DaVita—East Wichita Dialysis | 320 North Hillside | Wichita | KS | 67214 | |||||
| 225103 | Total Renal Care Dba: Lincoln Park Capd | 3929 North Central, Suite 1 | Chicago | IL | 60634 | |||||
| 225471 | DaVita—Winter Haven | 400 Security Square | Winter Haven | FL | 33880 | |||||
| 225512 | Honesdale Dialysis Center—A Total Renal Care Facility | Maple Avenue—Route 6—Sturbridge Mall | Honesdale | PA | 18431 | |||||
| 225679 | Greenspring Dialysis Center, Inc. | 3825 Greenspring Avenue | Baltimore | MD | 21211 | |||||
| 225731 | DaVita—Stillwater Dialysis Center | 406 East Hall Of Fame Avenue, Suite 300 | Stillwater | OK | 74075 | |||||
| 225777 | Federal Way Community Dialysis Center | 1109 South 348th Street | Federal Way | WA | 98003 | |||||
| 225836 | Gettysburg Dialysis | 26 Springs Avenue, Suite C | Gettysburg | PA | 17325 | |||||
| 225939 | Renal Treatment Centers—Palmerton | 185-C Delaware Avenue | Palmerton | PA | 18071 | |||||
| 226257 | DaVita—Temecula Dialysis | 40945 County Center Drive, Suite G. | Temecula | CA | 92591 | |||||
| 226385 | Flamingo Park Kidney Center | 901 East 10th Avenue | Hialeah | FL | 33010 | |||||
| 226403 | Nephrology Center of Waynesboro | 163 South Liberty Street | Waynesboro | GA | 30830 | |||||
| 226418 | Nephrology Center of Statesboro | 4b College Plaza | Statesboro | GA | 30458 | |||||
| 226421 | Devita—Denison | 1220 Reba Mcentire Lane | Denison | TX | 75020 | |||||
| 226683 | DaVita Hendersonville Dialysis Center | 500 Beverly Hanks Center, Highway 25 North | Hendersonville | NC | 28792 | |||||
| 226735 | DaVita—Omni | 9350 Kirby, Suite 110 | Houston | TX | 77054 | |||||
| 226754 | DaVita—Mission Dialysis of El Cajon | 858 Fletcher Parkway | El Cajon | CA | 92020 | |||||
| 226851 | Dialysis of Reading | 2201 Dengler Street | Reading | PA | 19606 | |||||
| 226979 | Total Renal Care—Vacaville | 1241 Alamo Drive, Suite 7 | Vacaville | CA | 95687 | |||||
| 226982 | DaVita—Fairfield Dialysis Center | 604 Empire Street | Fairfield | CA | 94533 | |||||
| 226987 | Total Renal Care—Lakeport | 804 11th Street | Lakeport | CA | 95453 | |||||
| 226989 | DaVita—Napa Dialysis Center | 3900—C Bel Aire Plaza | Napa | CA | 94558 | |||||
| 227012 | DaVita—Mountain Vista Dialysis Center | 401 B. East Highland Avenue | San Bernardino | CA | 92404 | |||||
| 227022 | Dialysis Care of Rutherford County | 226 Commercial Drive | Forest City | NC | 28043 | |||||
| 227112 | DaVita—Norman | 1818 West Lindsey, B. 104 | Norman | OK | 73069 | |||||
| 227123 | Marianna Dialysis | 4319 Lafayette | Marianna | FL | 32446 | |||||
| 227124 | South County Dialysis | 7800 Arroyo Circle | Gilroy | CA | 95020 | |||||
| 227252 | DaVita—Sunrise Dialysis Center, Inc. | 13039 Hawthorne Boulevard | Hawthorne | CA | 90250 | |||||
| 227267 | DaVita—Claremore Dialysis Center | 202 East Blue Starr Drive | Claremore | OK | 74017 | |||||
| 227272 | DaVita—Tahlequah Dialysis Center | 228 North Bliss Avenue | Tahlequah | OK | 74464 | |||||
| 227277 | DaVita—Broken Arrow Dialysis Center | 601 South Aspen Avenue | Broken Arrow | OK | 74012 |
21
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 227279 | DaVita—Tulsa | 4436 South Harvard | Tulsa | OK | 74135 | |||||
| 227310 | DaVita Valley View Dialysis | 26900 Cactus Avenue | Moreno Valley | CA | 92555 | |||||
| 227449 | Burlington Dialysis Center | 873 Heather Road | Burlington | NC | 27215 | |||||
| 227497 | DaVita—San Leandro | 198 East 14th Street | San Leandro | CA | 94577 | |||||
| 227605 | DaVita—Valparaiso | 606 Lincolnway | Valparaiso | IN | 46383 | |||||
| 227684 | Livingston Dialysis Center | 203 North Houston Street | Livingston | TX | 77351 | |||||
| 227863 | DaVita—Dialysis Care of Franklin County | 1706 North Carolina Highway 39 North | Louisburg | NC | 27549 | |||||
| 227906 | Total Renal Care Union City Dialysis Center | 32930 Alvarado Niles Road, Suite 300 | Union City | CA | 94587 | |||||
| 227908 | Total Renal Care—Pleasanton, Aka: Pleasanton Dialysis Center | 5720 Stoneridge Mall Road, Suites 140 And 160 | Pleasanton | CA | 94588 | |||||
| 227954 | Maplewood Dialysis DaVita | 2785 White Bear Avenue | Maplewood | MN | 55109 | |||||
| 227956 | DaVita Deerfield Beach | 1983 West Hillsboro Boulevard | Deerfield Beach | FL | 33442 | |||||
| 227976 | Montevideo Dialysis DaVita | 824 North 11th Street | Montevideo | MN | 56265 | |||||
| 228000 | DaVita—Oklahoma City | 4140 West Memorial Road, Suite 107 | Oklahoma City | OK | 73120 | |||||
| 228033 | DaVita—Santa Ana Dialysis | 1820 East Deere Avenue | Santa Ana | CA | 92705 | |||||
| 228035 | DaVita Brea Dialysis Center | 595 Tamarack Avenue, Suite A | Brea | CA | 92821 | |||||
| 228047 | Total Renal Care—Howell | 3502 Route 9 South, Howell Heritage Plaza | Howell | NJ | 07731 | |||||
| 228191 | North Houston Kidney Center, L.L.P | 380 West Little York | Houston | TX | 77076 | |||||
| 228218 | Renal Treatment Center—East Macon | 750 Baconsfield Drive, Suite 103 | Macon | GA | 31211 | |||||
| 228252 | Dialysis Care of Edgecombe County | 3206 Western Boulevard | Tarboro | NC | 27886 | |||||
| 228544 | Total Renal Care—North Houston | 129 Little York | Houston | TX | 77076 | |||||
| 228587 | DaVita—Leesburg Dialysis | 801 East Dixie Avenue, Suite 108-A | Leesburg | FL | 34748 | |||||
| 228591 | Norfolk Dialysis Center—A Total Renal Care Facility | 962 Norfolk Square | Norfolk | VA | 23502 | |||||
| 228652 | Pd Central | 1401 North 24th Street, Suite 2 | Phoenix | AZ | 85008 | |||||
| 228659 | Total Renal Care—Chesapeake | 1400 Crossways Boulevard, Crossways Ii, Suite 106 | Chesapeake | VA | 23320 | |||||
| 228667 | DaVita Newport News Dialysis | 700 Newmarket Square | Newport News | VA | 23605 | |||||
| 228696 | DaVita—Aurora Dialysis | 1411 South Potomac, Suite 100 | Aurora | CO | 80012 | |||||
| 228697 | DaVita—Westminster Dialysis Center | 9053 Harland Street, Unit 90 | Westminster | CO | 80030 | |||||
| 228704 | Lonestar Dialysis Center | 8560 Monroe Road | Houston | TX | 77075 | |||||
| 228756 | DaVita—Denver Dialysis | 1719 East 19th Avenue | Denver | CO | 80218 | |||||
| 228757 | DaVita South Denver Dialysis | 990 East Harvard Avenue | Denver | CO | 80210 | |||||
| 228768 | DaVita—Littleton | 209 West County Line Road | Littleton | CO | 80129 | |||||
| 228898 | Redwood Falls Dialysis DaVita | 100 Fallwood Road | Redwood Falls | MN | 56283 | |||||
| 228976 | DaVita—Lodi Community Dialysis, Inc. | 2415 West Vine Street, Suite 106 | Lodi | CA | 95242 | |||||
| 229029 | Mount Adams Kidney Center | 512 2nd Avenue | Zillah | WA | 98953 | |||||
| 229034 | DaVita—Buena Vista | 347 Highway 41 North | Buena Vista | GA | 31803 | |||||
| 229074 | Dialysis Care of Wayne County | 2403 Wayne Memorial Drive | Goldsboro | NC | 27530 | |||||
| 229102 | DaVita Macomb Kidney Center | 11885 East 12 Mile Road, Suites 100a-100b | Warren | MI | 48093 | |||||
| 229111 | DaVita—Sparks Dialysis | 2345 East Prater Way, Suite 100 | Sparks | NV | 89434 | |||||
| 229133 | Total Renal Care—Venice | 816 Pinebrook Road | Venice | FL | 34292 | |||||
| 229218 | Total Renal Care—Virginia Beach | 740 Independence Circle | Virginia Beach | VA | 23455 | |||||
| 229403 | Dialysis Care of Hoke County | 403 South Main Street | Raeford | NC | 28376 | |||||
| 229404 | Dialysis Care of Montgomery County | 318 North Main Street | Troy | NC | 27371 | |||||
| 229459 | Southeastern Dialysis Center of Elizabethtown | 101 Dialysis Drive | Elizabethtown | NC | 28337 | |||||
| 229618 | Total Renal Care, Dba: Southeastern Dialysis Center of Shallotte | 4740 Shallotte Avenue | Shallotte | NC | 28470 | |||||
| 229662 | DaVita Moultrie Dialysis Center | 2419 South Main Street | Moultrie | GA | 31768 | |||||
| 229685 | Total Renal Care Dialysis East | 7200 Gateway East, Suite B. | El Paso | TX | 79915 | |||||
| 229739 | Sioux Falls Community Dialysis of DaVita | Mckennan Hospital, 800 East 21st Street, 4th Floor | Sioux Falls | SD | 57105 | |||||
| 229797 | DaVita Premier Dialysis | 7612 Atlantic Avenue | Cudahy | CA | 90201 | |||||
| 230041 | Dialysis Specialists of Dallas, Dba: Elmbrook Kidney Center | 7920 Elmbrook, Suite 108 | Dallas | TX | 75247 | |||||
| 230061 | DaVita Dialysis | 611 Electric Avenue | Lewistown | PA | 17044 |
22
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 230157 | DaVita—Conroe Dialysis | 500 Medical Center Boulevard, Suite 175 | Conroe | TX | 77304 | |||||
| 230256 | DaVita—Crescent City Dialysis | 3909 Bienville Street, Suite 1b | New Orleans | LA | 70119 | |||||
| 230300 | DaVita Kayenta Dialysis Facility | Highway 163, Po Box 217 | Kayenta | AZ | 86033 | |||||
| 230340 | Miami Beach Kidney Center | 400 Arthur Godfrey Road, Suite 402 | Miami Beach | FL | 33140 | |||||
| 230633 | Port Chester Dialysis Unit | 38 Bulkley Avenue | Port Chester | NY | 10573 | |||||
| 230685 | Ocala Regional Kidney Center—West | 9401 Southwest Highway 200, Building 600, Suite 601 | Ocala | FL | 34481 | |||||
| 230708 | Milford Dialysis Center—A Total Renal Care Facility | 10 Buist Road, County Commerce Center | Milford | PA | 18337 | |||||
| 230792 | DaVita Pine City Dialysis | 129 East 6th Avenue | Pine City | MN | 55063 | |||||
| 230899 | Total Renal Care—Bridgewater Dialysis Center | 2121 Route 22 West | Bound Brook | NJ | 08805 | |||||
| 230900 | Mitchell Community Dialysis of DaVita | 525 North Foster | Mitchell | SD | 57301 | |||||
| 230911 | El Milagro Dialysis Center | 2800 South Interstate Highway 35 Iii Fountain Park Plaza, Suite 120 | Austin | TX | 78704 | |||||
| 230926 | Total Renal Care—North Philadelphia Dialysis Center | 3409-3411 Germantown Avenue | Philadelphia | PA | 19140 | |||||
| 231099 | DaVita—Elk City | 1710 West 3rd Street, Suite 101 | Elk City | OK | 73644 | |||||
| 231100 | Renal Treatment Centers—Pocono | 447 Office Plaza—100 Plaza Court, Suite B. | East Stroudsburg | PA | 18301 | |||||
| 231179 | Renal Treatment Center—Lake Wales | 1348 State Route 60 East | Lake Wales | FL | 33853 | |||||
| 231194 | Total Renal Care—Houston Kidney Center, Cypress Station | 221 H Fm 1960 West | Houston | TX | 77090 | |||||
| 231261 | DaVita Dialysis West | 1250 East Cliff Drive, Suite B. | El Paso | TX | 79902 | |||||
| 231283 | DaVita Shiprock Dialysis Center | Us Highway 666 North, Po Box 2156 | Shiprock | NM | 87420 | |||||
| 231288 | DaVita—West Mount Houston Dialysis | 2506 West Mount Houston Road, Suite A | Houston | TX | 77038 | |||||
| 231411 | Gulf Breeze Dialysis | 1121 Overcash Drive | Dunedin | FL | 34698 | |||||
| 231423 | Ocala Regional Kidney Center—East | 2870 Southeast 1st Avenue | Ocala | FL | 34471 | |||||
| 231460 | DaVita Minnetonka Dialysis Unit | 17809 Hutchins Drive | Minnetonka | MN | 55345 | |||||
| 231577 | Potrero Hill Dialysis Center | 1750 Cesar Chavez Street, Suite A | San Francisco | CA | 94124 | |||||
| 231579 | DaVita Kenner Regional Dialysis Center | 200 West Esplanade Avenue, Suite 100 | Kenner | LA | 70065 | |||||
| 231673 | DaVita—Mission Dialysis Center of San Diego | 7007 Mission Gorge Road | San Diego | CA | 92120 | |||||
| 231710 | DaVita Arvada Dialysis | 9950 West 80th, Suite 25 | Arvada | CO | 80005 | |||||
| 231721 | Dialysis Care of Martin County | 100 Medical Drive | Williamston | NC | 27892 | |||||
| 231824 | New Center Dialysis, P.C. | 3011 West Grand Boulevard, Suite 650 | Detroit | MI | 48202 | |||||
| 231889 | Sunrise Dialysis Center, Dba: Total Renal Care—Sunrise | 2951 Sunrise Boulevard, Suite 145 | Rancho Cordova | CA | 95742 | |||||
| 231977 | Total Renal Care—Cleveland | 600 East Houston Avenue, Suite 630 | Cleveland | TX | 77327 | |||||
| 232013 | Linden Dialysis | 522 North Wood Avenue | Linden | NJ | 07036 | |||||
| 232027 | Total Renal Care—Chestertown | 100 Brown Street | Chestertown | MD | 21620 | |||||
| 232039 | Delta-Sierra Dialysis Center—Total Renal Care | 555 West Benjamin Holt Drive, Suite 200 | Stockton | CA | 95207 | |||||
| 232130 | Novi Kidney Center, P.C. | 47250 West Ten Mile Road | Novi | MI | 48374 | |||||
| 232195 | Riverdale Dialysis | 170 West 233rd Street | Riverdale | NY | 10463 | |||||
| 232253 | Riverside Dialysis DaVita | 606 24th Avenue South, Suite 701 | Minneapolis | MN | 55454 | |||||
| 232257 | DaVita Doctors Dialysis Center of Montebello | 1721 West Whittier Boulevard | Montebello | CA | 90640 | |||||
| 232258 | DaVita Home Dialysis | 825 South Eighth Street, Sl16 | Minneapolis | MN | 55404 | |||||
| 232512 | Lake Dialysis | 221 North First Street | Leesburg | FL | 34748 | |||||
| 232606 | Ihs—Bronx Dialysis Center | 1615 Eastchester Road | Bronx | NY | 10461 | |||||
| 232647 | Dialysis Center At St. Mary | 1205 Langhorne-Newtown Road Asb First Floor | Langhorne | PA | 19047 | |||||
| 232653 | Total Renal Care—Loma Vista | 1382-A Lomaland | El Paso | TX | 79935 | |||||
| 232723 | Pine Island Kidney Center | 1871 North Pine Island Road | Plantation | FL | 33322 | |||||
| 232816 | Renal Treatment Centers—Longview | 425 North Fredonia, Suite 300 | Longview | TX | 75601 | |||||
| 232987 | Total Renal Care—Winfield | 1315 East 4th Avenue | Winfield | KS | 67156 | |||||
| 233084 | Total Renal Care—Tomball Dialysis | 27720-A Tomball Parkway | Tomball | TX | 77375 | |||||
| 233105 | Total Renal Care—Ghent Dialysis Center | 901 Hampton Boulevard, Suite 200 | Norfolk | VA | 23507 | |||||
| 233195 | Dialysis Center of Middle Georgia | 509 North Houston Road | Warner Robins | GA | 31093 |
23
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 233257 | Dialysis Center of Gonzales | 428 St. Andrew Street | Gonzales | TX | 78629 | |||||
| 233407 | DaVita—Forest Lake Dialysis Unit | 1068 South Lake Street | Forest Lake | MN | 55025 | |||||
| 233509 | DaVita—USC Kidney Center | 2310 Alcazar Street | Los Angeles | CA | 90089 | |||||
| 233510 | DaVita Hollywood Dialysis Center | 5108 Sunset Boulevard | Los Angeles | CA | 90027 | |||||
| 233532 | DaVita South San Antonio Dialysis | 1313 Southeast Military Drive, Suite 111 | San Antonio | TX | 78214 | |||||
| 233683 | Total Renal Care At Union Plaza | 810 First Street, Northeast, Suite 100 | Washington | DC | 20002 | |||||
| 233712 | Palmer Dialysis Center—A Total Renal Care Facility | 30 Community Drive | Easton | PA | 18045 | |||||
| 233797 | Crystal River Dialysis Center | 7435 West Gulf To Lake Highway | Crystal River | FL | 34429 | |||||
| 233800 | Total Renal Care—Mesa Vista Dialysis Facility | 2400 North Oregon, Suite C | El Paso | TX | 79902 | |||||
| 234551 | Lakewood Community Dialysis Center | 5919 Lakewood Town Center Boulevard, Suite A | Lakewood | WA | 98499 | |||||
| 234651 | Cyfair Dialysis Center | 9110 Jones Road, Suite 110 | Houston | TX | 77065 | |||||
| 234652 | Katy Dialysis Center | 22233 Katy Freeway | Katy | TX | 77450 | |||||
| 234653 | Memorial Dialysis | 10000 Old Katy Road, Suite 210b | Houston | TX | 77055 | |||||
| 234667 | Sherman Dialysis Center | 205 West Lamberth Road | Sherman | TX | 75092 | |||||
| 234849 | DaVita Printer’s Place Dialysis Center | 2802 International Circle | Colorado Springs | CO | 80910 | |||||
| 234928 | Eastmont Dialysis Center | 7200 Bancroft Avenue, Suite 220 | Oakland | CA | 94605 | |||||
| 234932 | DaVita Harbor-UCLA | 21602 South Vermont Avenue | Torrance | CA | 90502 | |||||
| 234933 | Complete Dialysis Care South | 111 Southwest 23rd Street, Suite D | Fort Lauderdale | FL | 33315 | |||||
| 235075 | Total Renal Care—Atlantic City | 2720 Atlantic Avenue | Atlantic City | NJ | 08401 | |||||
| 235086 | Total Renal Care—Parsons | 1902 South Highway 59, Building B. Labette County Medical Center | Parsons | KS | 67357 | |||||
| 235089 | Renal Treatment Center—Decatur | 1987 Candler Road | Decatur | GA | 30032 | |||||
| 235090 | DaVita—Newton | 1223 Washington Road | Newton | KS | 67114 | |||||
| 235096 | DaVita Montclair Dialysis Center | 5050 Palo Verde Street, Suite 100 | Montclair | CA | 91763 | |||||
| 235258 | DaVita Michigan Kidney Center—Brighton | 7960 West Grand River, Suite 210 | Brighton | MI | 48114 | |||||
| 235294 | DaVita Woodbury Dialysis | 1850-3 Weir Drive | Woodbury | MN | 55125 | |||||
| 235295 | Lakeview Dialysis DaVita | 927 West Churchill Street | Stillwater | MN | 55082 | |||||
| 235296 | DaVita Capitol Dialysis | 555 Park Street, Suite 230 | St. Paul | MN | 55103 | |||||
| 235302 | Atlantic Artificial Kidney Center | 6 Industrial Way West, Meridian Center #3 | Eatontown | NJ | 07724 | |||||
| 235311 | Waconia Dialysis DaVita | 490 Maple Street, Suite 110 | Waconia | MN | 55387 | |||||
| 235321 | University Peritoneal Dialysis Center, Dba: Total Renal Care University Peritoneal Dialysis | 300 University Avenue, Suite 122 | Sacramento | CA | 95825 | |||||
| 235367 | Renal Treatment Center—Harrisburg | 2601 North Third Street 3rd Floor, Main Building | Harrisburg | PA | 17110 | |||||
| 235399 | DaVita—Michigan City | 120 Dunes Plaza | Michigan City | IN | 46360 | |||||
| 235532 | DaVita Main Place Dialysis | 972 Town And Country Road | Orange | CA | 92868 | |||||
| 235556 | DaVita—Owings Mills | 10 Cross Road, Suite 110 | Owings Mills | MD | 21117 | |||||
| 235571 | Elk River Kidney Center, Llc | 216 South Bridge Street | Elkton | MD | 21921 | |||||
| 235634 | Hudson Valley Dialysis Center, Inc. | 155 White Plains Road, Suite 107 | Tarrytown | NY | 10591 | |||||
| 235687 | DaVita—Derby | 250 West Red Powell Road | Derby | KS | 67037 | |||||
| 235688 | Hill Country Dialysis | 1820 Peter Garza Street | San Marcos | TX | 78666 | |||||
| 235746 | DaVita—Edmond Dialysis | 50 South Baumann Avenue | Edmond | OK | 73034 | |||||
| 235772 | DaVita—Munster | 8317 Calumet Avenue, Suite A | Munster | IN | 46321 | |||||
| 235774 | Moncrief Dialysis Center | 800 West 34th Street | Austin | TX | 78705 | |||||
| 235783 | Renal Treament Center of Wheaton | 11941 Georgia Avenue, Wheaton Park Shopping Center | Wheaton | MD | 20902 | |||||
| 235809 | Jennersville Dialysis Center—A Total Renal Care Facility | 1011 West Baltimore Pike Avenue | West Grove | PA | 19390 | |||||
| 235905 | Memorial Dialysis Center | 4427 South Robertson Street | New Orleans | LA | 70115 | |||||
| 235931 | DaVita Glendora Dialysis Center | 120 West Foothill Boulevard | Glendora | CA | 91741 | |||||
| 235955 | Children’s Memorial Dialysis Center—Total Renal Care | 2611 North Halsted | Chicago | IL | 60614 | |||||
| 236041 | Total Renal Care, Dba: North Highlands Dialysis Center | 4986 Watt Avenue | North Highlands | CA | 95660 | |||||
| 236059 | Total Renal Care | 111 Michigan Avenue Northwest | Washington | DC | 20010 |
24
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 261006 | Houston Kidney Center Southwest | 11111 Brooklet Drive, Building 100, Suite 100 | Houston | TX | 77099 | |||||
| 274903 | Peninsula Nephrology, Inc. Dba: San Mateo Dialysis Center | 2000 South El Camino Real | San Mateo | CA | 94403 | |||||
| 274929 | DaVita—Pipestone Dialysis Center | 911 5th Avenue Southwest | Pipestone | MN | 56164 | |||||
| 274930 | Dialysis Care of Kannapolis | 1607 North Main Street | Kannapolis | NC | 28081 | |||||
| 274931 | Dialysis Care of North Mecklenberg | 9030 Glenwater Drive | Charlotte | NC | 28262 | |||||
| 274973 | Total Renal Care of Fairfax | 8501 Arlington Boulevard, Suite 100 | Fairfax | VA | 22031 | |||||
| 275219 | Ocala Regional Kidney—South Unit | 13940 Us Highway 441 | Lady Lake | FL | 32159 | |||||
| 275316 | Peekskill—Cortland Dialysis Center | Pike Plaza, Route 6, Suite 15 | Cortlandt Manor | NY | 10567 | |||||
| 275453 | Oakland Peritoneal Dialysis Center | 3300 Webster Street, Suite 306 | Oakland | CA | 94609 | |||||
| 275472 | Rocky Hill Connecticut | 1845 Silas Deane Highway | Rocky Hill | CT | 06067 | |||||
| 275487 | DaVita Mission Dialysis Center | 1181 Broadway | Chula Vista | CA | 91911 | |||||
| 275488 | DaVita—Mission Dialysis Center of Oceanside | 2227-B El Camino Real, Camino Town And Country Shopping Center | Oceanside | CA | 92054 | |||||
| 275567 | DaVita—Cortez Dialysis | 610 East Main Street, Suite C | Cortez | CO | 81321 | |||||
| 275579 | Boston Post Road Dialysis Center | 4026 Boston Road | Bronx | NY | 10466 | |||||
| 275609 | Queens Dialysis Center | 118-01 Guy Brewer Boulevard | Jamaica | NY | 11434 | |||||
| 275809 | Dialysis Center At Oxford Court | 930 Town Center Drive, Suite G. 100 | Langhorne | PA | 19047 | |||||
| 275901 | DaVita Midvalley Dialysis Center | 5578 South 1900 West | Taylorsville | UT | 84118 | |||||
| 275902 | DaVita Bountiful Dialysis | 724 West 500 South, Suite 300 | West Bountiful | UT | 84087 | |||||
| 275948 | DaVita Lowry Dialysis Center | 7465 East 1st Avenue, Suite A | Denver | CO | 80230 | |||||
| 276120 | Ira of Orlando, Llp | 14050 Town Loop Boulevard | Orlando | FL | 32837 | |||||
| 276179 | DaVita Crescent Heights Dialysis | 8151 Beverly Boulevard | Los Angeles | CA | 90048 | |||||
| 276364 | DaVita Grand Blanc Dialysis | 3625 Genesys Parkway | Grand Blanc | MI | 48439 | |||||
| 276603 | Antioch Dialysis Center | 3100 Delta Fair Boulevard | Antioch | CA | 94509 | |||||
| 276604 | Bay Breeze Dialysis | 11465 Ulmerton Road | Largo | FL | 33778 | |||||
| 276615 | Appomattox Dialysis Center | 15 West Old Street | Petersburg | VA | 23803 | |||||
| 276630 | Mcdonough Dialysis Center | 114 Dunn Avenue | Mcdonough | GA | 30253 | |||||
| 276702 | Total Renal Care, Dba: Cleve Hill Dialysis Center | 1461 Kensington Avenue | Buffalo | NY | 14215 | |||||
| 276807 | DaVita Renal Care—UCLA Dialysis Center | 200 Ucla Medical Plaza, Suite 565 | Los Angeles | CA | 90095 | |||||
| 276941 | Dialysis Treatment Center | 745 Pine Street | Macon | GA | 31201 | |||||
| 276942 | East Point Dialysis | 2669 Church Street | East Point | GA | 30344 | |||||
| 277077 | Ypsilanti Dialysis Center—DaVita | 2766 Washtenaw, Washetenaw Fountain Plaza | Ypsilanti | MI | 48197 | |||||
| 277104 | DaVita Jackson Dialysis Center | 234 West Louis Glick Highway | Jackson | MI | 49201 | |||||
| 277257 | Imperial Care, Inc. | 3680 East Imperial Highway, 2nd Floor | Lynwood | CA | 90262 | |||||
| 277259 | Olympic View Dialysis Center | 125 16th Avenue East, Csb-5th Floor | Seattle | WA | 98112 | |||||
| 277271 | Coney Island Dialysis | 26-48 Brighton 11 Street | Brooklyn | NY | 11235 | |||||
| 277272 | Yonkers Dialysis Center | 575 Yonkers Avenue | Yonkers | NY | 10704 | |||||
| 277273 | Soundview Dialysis Center | 1622-24 Bruckner Boulevard | Bronx | NY | 10473 | |||||
| 277274 | Port Washington Dialysis | 50 Seaview Boulevard | Port Washington | NY | 11050 | |||||
| 277275 | Lynbrook Dialysis Center | 147 Scranton Avenue | Lynbrook | NY | 11563 | |||||
| 277295 | Total Renal Care—Muncy | Route 405 | Muncy | PA | 17756 | |||||
| 277498 | Dialysis Systems of Covington—DaVita | 210 Greenbriar Boulevard | Covington | LA | 70433 | |||||
| 277540 | DaVita Englewood Dialysis | 3247 South Lincoln Street | Englewood | CO | 80110 | |||||
| 277619 | Dyker Heights Dialysis Center | 1435 86th Street | Brooklyn | NY | 11228 | |||||
| 277642 | Purcellville Dialysis Center of Total Renal Care | 280 North Hatcher Avenue | Purcellville | VA | 20132 | |||||
| 277648 | Rivertowne Dialysis Center At Oxon Hill | 6192 Oxon Hill Road | Oxon Hill | MD | 20745 | |||||
| 277654 | Ira of Celebration | 1154 Celebration Boulevard | Celebration | FL | 34747 | |||||
| 277689 | Pratt Dialysis Center of Total Renal Care | 203 South Watson Suite 110 | Pratt | KS | 67124 | |||||
| 278156 | Total Renal Care At Celia Dill Dialysis Center | Barns Office Center, Suite 206, Stoneleigh Avenue | Carmel | NY | 10512 | |||||
| 278233 | Arcadia Dialysis Center | 1341 East Oak Street | Arcadia | FL | 34266 | |||||
| 278238 | DaVita—East Chicago | 4320 Fir Street, Suite 404 | East Chicago | IN | 46312 | |||||
| 278248 | Rose Garden Dialysis Center | 999 West Taylor Street | San Jose | CA | 95126 |
25
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 278253 | El Camino Dialysis Center | 2490 Grant Road | Mountain View | CA | 94040 | |||||
| 278254 | Evergreen Dialysis Center | 2060 Aborn Road | San Jose | CA | 95121 | |||||
| 278534 | Henderson Dialysis Center | 1002 Highway 79 North | Henderson | TX | 75652 | |||||
| 278545 | Clarkston Dialysis of DaVita | 6770 Dixie Highway, Suite 205 | Clarkston | MI | 48346 | |||||
| 278548 | Total Renal Care—South Hayward Dialysis Center | 254 Jackson Street | Hayward | CA | 94544 | |||||
| 278568 | Lee Street Dialysis | 5155 Lee Street Northeast | Washington | DC | 20019 | |||||
| 278786 | Timpanogos Dialysis Center | 852 North 500 West, Suite 200 | Provo | UT | 84604 | |||||
| 278794 | Garden City Dialysis | 1100 Stewart Avenue | Garden City | NY | 11530 | |||||
| 279024 | Harford Road Dialysis Center | 5800 Harford Road | Baltimore | MD | 21214 | |||||
| 279025 | DaVita Washington Plaza Dialysis Center | 516-522 East Washington Boulevard | Los Angeles | CA | 90015 | |||||
| 279028 | Total Renal Care At Richmond Community | 1510 North 28th Street, Suite 110 | Richmond | VA | 23223 | |||||
| 280304 | DaVita-South County Dialysis | 4145 Union Road | St. Louis | MO | 63129 | |||||
| 280350 | DaVita—Detroit Dialysis | 2674 East Jefferson | Detroit | MI | 48207 | |||||
| 280386 | Nephrology Center of South Augusta | 1631 Gordon Highway, Suite 1b | Augusta | GA | 30906 | |||||
| 280403 | DaVita of Haines City | 110 Patterson Road | Haines City | FL | 33844 | |||||
| 280404 | Nephrology Center of Louisville | 1011 Peachtree Street | Louisville | GA | 30434 | |||||
| 280414 | Orangevale Dialysis | 9267 Greenback Lane, Suite A-2 | Orangevale | CA | 95662 | |||||
| 280489 | DaVita—Okmulgee Dialysis Center | 1101 South Belmont, Suite #204 | Okmulgee | OK | 74447 | |||||
| 280490 | DaVita—Central Tulsa Dialysis | 1124 South St. Louis Avenue | Tulsa | OK | 74120 | |||||
| 280491 | DaVita—Miami Dialysis Center | 200 2nd Avenue Southwest | Miami | OK | 74354 | |||||
| 280492 | DaVita—Muskogee Community Dialysis | 2913 Azalea Park Boulevard | Muskogee | OK | 74401 | |||||
| 280495 | DaVita—Stilwell Dialysis Center | 319 North 2nd Street | Stilwell | OK | 74960 | |||||
| 280496 | Pahrump Dialysis Center | 1460 East Calvada Boulevard | Pahrump | NV | 89048 | |||||
| 280591 | The New York United Dialysis Center | 406 Boston Post Road | Port Chester | NY | 10573 | |||||
| 280820 | DaVita Fort Pierce | 1801 South 23rd Street, Suite 1 | Fort Pierce | FL | 34950 | |||||
| 280825 | White Plains Dialysis Center | 200 Hamilton Avenue, Space 13b | Whiteplains | NY | 10601 | |||||
| 280829 | DaVita—Cherokee Dialysis Center | 53 Echota Church Road | Cherokee | NC | 28719 | |||||
| 281010 | DaVita Hope Dialysis Center | 300 Marcella Road | Hampton | VA | 23666 | |||||
| 281016 | Seneca County Dialysis | 65 St. Francis Street, Betty Jane Center | Tiffin | OH | 44883 | |||||
| 281046 | Dialysis Systems of Hammond—DaVita | 2570 Southwest Railroad Avenue, Suite A | Hammond | LA | 70403 | |||||
| 281058 | Great Bridge Dialysis—Total Renal Care | 745 North Battlefield Boulevard | Chesapeake | VA | 23320 | |||||
| 281071 | Dulaney Towson Dialysis Center | 113 West Road | Towson | MD | 21204 | |||||
| 281079 | Bloomington Dialysis DaVita | 8591 Lyndale Avenue South | Bloomington | MN | 55420 | |||||
| 281227 | DaVita—Kenneth Hahn Plaza Dialysis Center | 11854 Wilmington Avenue | Los Angeles | CA | 90059 | |||||
| 281338 | Florin Dialysis Center—Total Renal Care | 7000 Stockton Boulevard | Sacramento | CA | 95823 | |||||
| 281406 | Kent Community Dialysis | 21501 84th Avenue South | Kent | WA | 98032 | |||||
| 281411 | Queens Village Dialysis | 222-02 Hempstead Avenue | Queens Village | NY | 11429 | |||||
| 281412 | South Las Vegas Dialysis Center—DaVita | 4711 Industrial Road | Las Vegas | NV | 89103 | |||||
| 281661 | DaVita—Rialto Dialysis | 1850 North Riverside Avenue, Suite 150 | Rialto | CA | 92376 | |||||
| 281662 | DaVita Commerce City Dialysis | 6320 Holly Street | Commerce City | CO | 80022 | |||||
| 281735 | Weaverville Dialysis Center—Total Renal Care | 329 Merrimon Avenue | Weaverville | NC | 28787 | |||||
| 281772 | Bricktown Dialysis | 525 Jack Martin Boulevard, Suite 200 | Brick | NJ | 08723 | |||||
| 281789 | Kidney Care Perry, Llc | 1027 Keith Drive | Perry | GA | 31069 | |||||
| 281992 | DaVita Longmont Dialysis | 1700 Kylie Drive, Suite 170 | Longmont | CO | 80501 | |||||
| 284522 | DaVita Lakewood Crossing Dialysis | 1057 South Wadsworth Boulevard | Lakewood | CO | 80226 | |||||
| 285249 | DaVita—Summerlin Dialysis Center | 653 Town Center Drive, Building 2, Suite 70 | Las Vegas | NV | 89144 | |||||
| 285270 | Dialysis of Georgia, L.L.C. | 1565 East Highway 34, Suite A | Newnan | GA | 30265 | |||||
| 285733 | Home Pharmacy Services C/O Cvs Procare Pharmacy | 6622 Fannin Street | Houston | TX | 77006 | |||||
| 285735 | Satellite Dialysis Centers—Sunnyvale | 155 North Wolfe Road | Sunnyvale | CA | 94086 | |||||
| 285886 | DaVita Dialysis Unit—Hopi Health Care Center | Highway 264—Mile Marker 388 | Polacca | AZ | 86042 | |||||
| 286073 | Dialysis of Georgia, Llc—Gainesville | 2545 Flintridge Road, Suite 130 | Gainesville | GA | 30501 | |||||
| 287115 | DaVita Forest Park Dialysis Center | 380 Forest Parkway | Forest Park | GA | 30297 | |||||
| 305989 | Independent Renal Center—DaVita | 12392 Highway 40 | Independence | LA | 70443 |
26
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
| ACIS | Account Name | Address | City | State | Zip | |||||
| 306244 | South San Francisco Dialysis | 205 Kenwood Way | South San Francisco | CA | 94080 | |||||
| 312200 | DaVita of Woodstock | 2001 Professional Parkway, Suite 100 | Woodstock | GA | 30188 | |||||
| 314625 | Puyallup Dialysis Center | 716-C South Hill Park | Puyallup | WA | 98373 | |||||
| 314626 | Pelham Parkway Dialysis Center | 1400 Pelham Parkway South/A-1, Building 5 | Bronx | NY | 10461 | |||||
| 314628 | Queens Dialysis At South Flushing | 71-12 Park Avenue | Flushing | NY | 11365 | |||||
| 314821 | DaVita First Landing Dialysis Center | 1745 Camelot Drive, Suite 100 | Virginia Beach | VA | 23454 | |||||
| 317405 | DaVita #476—Iris City Dialysis | 521 North Expressway Village, Suite 1509 | Griffin | GA | 30223 | |||||
| 317860 | Dialysis of Georgia, Llc—Ellijay | 91 Southside Church Street | Ellijay | GA | 30540 | |||||
| 318370 | East Aurora Dialysis | 482 South Chambers Road | Aurora | CO | 80017 | |||||
| 319087 | Satellite Dialysis Windsor | 911 Medical Center Plaza, Suite 16 | Windsor | CA | 95492 | |||||
| 319171 | Pearland Dialysis | 6516 Broadway | Pearland | TX | 77581 | |||||
| 319589 | DaVita Sapulpa Dialysis Center | 9647 Ridgeview Street | Tulsa | OK | 74131 | |||||
| 319590 | DaVita—Indio Dialysis | 46-767 Monroe Street, Suite 101 | Indio | CA | 92201 | |||||
| 319618 | Lake Elsinore Dialysis | 32291 Mission Trail Road, Building S. | Lake Elsinore | CA | 92530 | |||||
| 319642 | DaVita Pin Oak Dialysis | 1302 Pin Oak Road | Katy | TX | 77494 | |||||
| 319884 | DaVita Merrillville Dialysis | 9223 Taft Street | Merrillville | IN | 46410 | |||||
| 319932 | DaVita—Hermiston Dialysis Center | 1155 West Linda Avenue | Hermiston | OR | 97838 | |||||
| 320534 | Ocala Regional Kidney Center—North | 2620 West Highway 316 | Citra | FL | 32113 | |||||
| 320621 | DaVita Flushing Dialysis | 3469 Pierson Place | Flushing | MI | 48433 | |||||
| 320622 | DaVita Clinton Dialysis Center | 150 South 31st Street | Clinton | OK | 73601 | |||||
| 320624 | DaVita Neptune Dialysis | 2180 Bradley Avenue | Neptune | NJ | 07753 | |||||
| 320625 | Minneapolis North East Hennepin Dialysis | 1049 10th Avenue South East | Minneapolis | MN | 55414 | |||||
| 320727 | Soledad Dialysis | 901 Los Coches Drive | Soledad | CA | 93960 | |||||
| 323958 | DaVita St. Louis Park Dialysis | 6490 Excelsior Boulevard | St. Louis Park | MN | 55426 | |||||
| 342101 | Satellite Dialysis Home Training | 1530 Meridian Avenue, Suite 100 | San Jose | CA | 95125 | |||||
| 344531 | Tustin Dialysis Center | 2090 North Tustin Avenue | Santa Ana | CA | 92705 | |||||
| 344533 | Chadbourn Dialysis Center | 210 East Strawberry Boulevard | Chadbourn | NC | 28431 | |||||
| 344551 | Fowlerville Dialysis | 206 East Grand River | Fowlerville | MI | 48836 | |||||
| 344606 | Bakers Ferry Dialysis #0456 | 3645 Bakers Ferry Road | Atlanta | GA | 30331 | |||||
| 344607 | Irvine Dialysis Center | 16255 Laguna Canyon Road | Irvine | CA | 92618 | |||||
| 344612 | Madison Dialysis Center | 302 North Highway Street | Madison | NC | 27025 | |||||
| 344838 | Davison Dialysis Center | 1011 South State Road | Davison | MI | 48423 | |||||
| 344957 | Maryville Dialysis Center | 2130 Vadalabene Drive | Maryville | IL | 62062 | |||||
| 345184 | Southfield West Dialysis Center | 21900 Melrose, Southfield Tech Center, Building #2 | Southfield | MI | 48075 | |||||
| 345193 | Northeast Wichita Dialysis Center | 2630 North Webb Road, Building 100, Suite 100 | Wichita | KS | 67226 | |||||
| 345205 | DaVita Swannanoa Dialysis Center #1508 | 2305 Us Highway 70 | Swannanoa | NC | 28778 | |||||
| 345241 | Misson Hills Dialysis | 2700 North Stanton | El Paso | TX | 79902 | |||||
| 345294 | Yakima Dialysis Center #1539 | 110 South 9th Avenue | Yakima | WA | 98902 |
27
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
Appendix C
List of Authorized Wholesalers
To ensure you receive the appropriate discount, it is important for Amgen to have your current list of Authorized Wholesalers. The following list represents the Wholesalers Amgen currently has associated with Dialysis Center’s contract. Please update the list by adding or deleting Wholesalers, as necessary.
American Medical Distributors, Inc., Subsidiary of BelIco Drug Corporation
180 Route 109
West Babylon, NY 11704
AmenSource Corporation
100 Friars Lane
Thorofare, NJ 08086
ASD Specialty Healthcare, Subsidiary of Bergen Brunswig Drug Co.
1851 Monetary Lane
Carrollton, TX 75006
Bergen Brunswig Drug Company
283 Sand Island Access Road
Honolulu, HI 96819
Bergen Brunswig Drug Company
P0 Box 5916
Orange, CA 92613
Henry Schein Incorporated
5 Harbor Park Drive
Port Washington, NY 11050
Metro Medical Supply, Inc.
1911 Church Street
Nashville, TN 37203
Metro Medical Wholesale Supply, Inc.
1911 Church Street
Nashville, TN 37203
Priority Healthcare Corporation Charise Charles Division
285 West Central Parkway Suite 1704
Altmamonte Springs, FL 32714
28
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
Exhibit #1
Certification Letter
, 200
Total Renal Care, Inc.
21250 Hawthorne Boulevard, Suite 800
Torrance, CA 90503
Attention: Kim Brady
| RE: | EPOGEN® (Epoetin alfa) Agreement No. 20010259 as amended |
Dear
Thank you for your participation in the [DELETED]. In order for us to enroll you, we require that a duly authorized representative of your organization sign the certification below.
Upon receipt of this executed document, we will calculate the value of your incentive. If we do not receive the executed certification, we cannot provide you with this incentive.
If you have any questions regarding this letter please contact me at ###-###-####. Thank you for your assistance in returning this certification.
Sincerely,
Outcomes Incentive Analyst
CERTIFICATION:
On behalf of Total Renal Care, Inc. and all eligible Affiliates participating in the [DELETED] under Agreement No. 20010259 as amended, the undersigned hereby certifies that the [DELETED] data and any other data required to be submitted (herein referred to as “Data”), for each eligible Affiliate during the period January 1, 2003 through December 31, 2003 of this Agreement shall include the required Data from all dialysis patients from each such Affiliate, (excluding those patients whose data is obtained from laboratories not owned or operated by Total Renal Care, Inc.), and shall not include Data from non-patients. The party executing this document also represents and warrants that it (i) has no reason to believe that the submitted Data will be incorrect, and (ii) is authorized to make this certification on behalf of all eligible Affiliates submitting Data.
TOTAL RENAL CARE, INC.
| Signature: | ||
| Print Name: | ||
| Print Title: | ||
| Date: |
29
Amendment #1 dated December 31, 2002 to Agreement No. 20010259 (continued)
Please retain one fully executed original for your records and return the other fully executed original to Amgen.
The parties executed this Amendment as of the dates set forth below.
| AMGEN USA INC. | TOTAL RENAL CARE, INC. | |||||||
| Signature: | Signature: | |||||||
| Print Name: | Print Name: | |||||||
| Print Title: | Print Title: | |||||||
| Date: | Date: | |||||||
Amgen Inc. hereby agrees to be bound by certain provisions of this Agreement, as amended, as set forth herein.
| AMGEN INC. | ||
| Signature: | ||
| Print Name: | ||
| Print Title: | ||
| Date: | ||
30
