0001032210-02-000327 Sample Contracts

GRAPHIC OMITTED]Amendment #4 to Agreement No. 19990110
Product Purchase Agreement • March 1st, 2002 • Davita Inc • Services-misc health & allied services, nec

This Amendment #4 to the Product Purchase Agreement No. 19990110 (“Amendment”), by and between Amgen Inc., One Amgen Center Drive,Thousand Oaks, California 91320-1789 (“Amgen”) and Total Renal Care, Inc., subsidiary of DaVita, Inc., 21250 Hawthorne Boulevard,Suite 800, Torrance, CA, 90503-5517 (“Dialysis Center”).

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GRAPHIC OMITTED] EPOGEN® FREESTANDING DIALYSIS CENTER AGREEMENT
Epogen® Freestanding Dialysis Center Agreement • March 1st, 2002 • Davita Inc • Services-misc health & allied services, nec • California

This agreement (“Agreement”) 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”), sets forth the terms and conditions for the purchase of EPOGEN® (Epoetin alfa) by Dialysis Center for the exclusive treatment of dialysis patients.

Contract
Credit Agreement • March 1st, 2002 • Davita Inc • Services-misc health & allied services, nec • New York

AMENDMENT No. 1 dated as of December 4, 2001 to the Credit Agreement dated as of May 3, 2001 (the “Credit Agreement) among DaVita, Inc., a Delaware corporation (the “Borrower”), the Lenders, Issuing Bank and Swing Line Bank party thereto, Banc of America Securities LLC and Credit Suisse First Boston as Joint Lead Arrangers and Joint Book Managers, Credit Suisse First Boston as Syndication Agent, The Bank of New York, The Bank of Nova Scotia, and SunTrust Bank as Documentation Agents and Bank of America, N.A. as the Administrative Agent for the Lender Parties thereto. Capitalized terms not otherwise defined in this Amendment have the same meanings as specified therefor in the Credit Agreement.

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