EXHIBIT 10.34
[AMGEN LOGO]
FREESTANDING DIALYSIS CENTER AGREEMENT
This agreement (“Agreement”) between Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc., and DaVita,
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
®
(Epoetin alfa) and Aranesp
®
(darbepoetin alfa) by Dialysis Center,
exclusively for the treatment of dialysis patients.
[DELETED] = Portions of this exhibit are subject to a request for confidential treatment and have been redacted and filed
separately with the Securities and Exchange Commission.
Agreement No. 200308360 (Continued)
1.
Term of Agreement. The “Term” of this Agreement shall be defined as January 1, 2004 (“Commencement Date”)
through January 31, 2006 (“Termination Date”).
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 Aff