Amendment #3 dated January 16, 2001 to Agreement No. 19990110
Agreement No. 19990110, between Amgen Inc. ("Amgen") and Total Renal Care, Inc., a subsidiary of DaVita,
Inc., including any prior amendments thereto, shall be amended, and for the period commencing April 1, 2001
shall be restated in its entirety to read in full as stated below.
This agreement ("Agreement") together with all Appendices attached hereto and incorporated herein by this
reference, between Amgen and Total Renal Care, Inc. including the freestanding dialysis center affiliate(s) listed
on Appendix B, (collectively, "Dialysis Center"), sets forth the terms and conditions for the purchase of
EPOGEN(R) (Epoetin alfa) by Dialysis Center for the exclusive treatment of dialysis patients.
1. Term of Agreement. The "Term" of this Agreement shall be defined as April 1, 2001 ("Commencement Date")
through December 31, 2001 ("Termination Date").
2. Dialysis Center Affiliates. Dialysis Center must provide Amgen with a complete list of its dialysis center
affiliates ("Affiliates") no less than fifteen (15) business days before the Commencement Date. Affiliates eligible to
participate under this Agreement shall be listed in Appendix B, and shall reflect facilities owned in whole or in part
by Dialysis Center or for which Dialysis Center provides management or administrative services, such services to
include the purchase and billing of EPOGEN(R). Additions to the dialysis center 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, such approval and acknowledgment not to 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. [DELETED]