Exhibit 10 (V)
LANDLORD'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT
Whereas, this Landlord's Consent to Assignment of Lease Agreement (the
"Consent") is entered this 1 day of APRIL , 2003, by Xxxxxxx Xxxxx, M.D.,
pursuant to the provision in Article VII, Section 8.l, Assignment and
Subletting, in that certain Lease Agreement, dated February 1, 1988, also
including all Extensions and Amendments thereto, by and between Xxxxxxx Xxxxx,
M.D. and Gambro Healthcare Renal Care, Inc., formerly known as Cominunity
Dialysis Centers, Inc. (hereinafter "Gambro") (the "Assigned Agreement").
Whereas, referenre is hereby made to that certain Asset Sale Agreement
to be executed between Gambro Healthcare Renal Care, Inc. (the "Seller") and
Dialysis Corporation of America (the "Buyer") (the "Sale Agreement"), pursuant
to which the Seller proposes to sell to the Buyer substantially all of the
assets and going business of the Seller relating to the outpatient dialysis
center located in and around Adel, Georgia (the "Transaction").
Whereas, the undersigned party (the "Contract Party") to the Assigned
Agreement hereby consents to the following assignment and assumption, pursuant
to the Sale Agreement, and the Contract Party does hereby irrevocably release
Gambro from any and all liability of any form or nature whatsoever under the
Assigned Agreement, from and after the Effective Date of the Assignment of
Contracts for this Transaction between the Seller and the Buyer, which shall
become effective as of the date of the closing of the Transaction (the "Closing
Date"):
(a) the assignment by the Seller to the ]Buyer of all of the rights,
interests and benefits of the Seller in and under the Assigned Contract arising
from and after the Closing Date; and
(b) the assumption by the Buyer of all of the obligations of the Seller
under the Assigned Contract arising from and after the Closing Date, and the
agreement of the Buyer to comply with and be bound by the provisions of the
Assigned Contract from and after the Closing Date.
IN WITNESS WHEREOF, the Contract Party has caused this Consent to be
executed on the date set forth above by its duly authorized officer or other
signatory.
/s/ Xxxxxxx Xxxxx, M.D.
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XXXXXXX XXXXX, M.D.
