Exhibit 10.2
SECOND AMENDMENT TO COST SHARING AGREEMENT
THIS SECOND AMENDMENT is made as of the 12th day of February, 2002, by
and among SELECT TRANSPORT, INC., a Delaware corporation ("ST") , having an
address at 0000 Xxx Xxxxxxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxxxxxx 00000, SELECT
MEDICAL CORPORATION, a Delaware corporation ("SMC"), having an address at 0000
Xxx Xxxxxxxxxx Xxxx, X.X. Xxx 0000, Xxxxxxxxxxxxx, Xxxxxxxxxxxx 00000, and
SELECT AIR II CORPORATION, a Pennsylvania corporation ("SAII"), having an
address at 0000 Xxx Xxxxxxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxxxxxx 00000.
BACKGROUND
A. ST, SMC and SAII executed and delivered that certain Cost
Sharing Agreement dated December 11, 2000, pursuant to which the parties agreed
to share certain costs relating to the operation of a hangar and aircraft
located at Harrisburg International Airport. The Cost Sharing Agreement was
amended by that certain First Amendment to Cost Sharing Agreement dated April 1,
2001. The Cost Sharing Agreement, as so amended, is sometimes hereinafter
referred to as the "Agreement". All capitalized terms not specifically defined
herein shall have the meanings ascribed to them in the Agreement.
B. ST, SMC and SAII now desire to amend the Agreement as
hereinafter provided.
NOW, THEREFORE, the parties hereto, intending to be legally bound
hereby, covenant and agree as follows:
1. Amendment to Section 4. Section 4 of the Agreement is hereby
amended and restated in its entirety as follows:
"4. Use of Citation II. The parties acknowledge that for business
reasons, SMC may utilize the Citation II from time to time. SMC agrees
to pay SAII $1,600 per flight hour for its use of the Citation II."
2. No Other Modifications. Except as expressly amended hereby,
the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amendment to be executed the day and year first above written.
SELECT TRANSPORT, INC., SELECT MEDICAL SELECT AIR II
a Delaware corporation CORPORATION, a Delaware CORPORATION a
corporation Pennsylvania corporation
By: /s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------- ------------------------- --------------------------
Xxxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxx, Xxxxxxx X. Xxxxxxx,
Treasurer Senior Vice President Vice President
