0001144204-13-064655 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • November 27th, 2013 • BioScrip, Inc. • Retail-drug stores and proprietary stores • New York

This Amended and Restated Employment Agreement (“Agreement”) is made as of November 25, 2013, between BioScrip, Inc. (the “Company”), and Richard M. Smith (the “Executive”).

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November 27, 2013 Ms. Kimberlee C. Seah Senior Vice President and General Counsel | BioScrip, Inc. Elmsford, New York 10523 Dear Kimberlee:
Engagement Agreement • November 27th, 2013 • BioScrip, Inc. • Retail-drug stores and proprietary stores • New York

This letter confirms and sets forth the terms and conditions of the engagement between Alvarez & Marsal Private Equity Performance Improvement Group, LLC (“A&M”) and BioScrip, Inc., and its assigns and successors (“Company”), including the scope of the services to be performed and the basis of compensation for those services. Upon execution of this letter by each of the parties below, this letter will constitute an agreement between Company and A&M (this “Agreement”).

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