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Exhibit 10.20
AMENDMENT TO EMPLOYMENT
AGREEMENT
This document is to amend the
Employment Agreement (the “Agreement”), entered into as
of March 3, 2008, by and between DaVita Inc.
(“Employer”) and David Shapiro
(“Employee”). Specifically, effective December 4,
2008, the parties agree to amend the Agreement as
follows:
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1.
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Section 3.3 is hereby deleted in its
entirety and replaced with the following:
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“ Other Termination .
Employer may terminate the employment of Employee for any reason or
for no reason at any time upon at least thirty
(30) days’ advance written notice. If Employer
terminates the employment of Employee for reasons other than for
death, Material Cause, or Disability, and contingent upon
Employee’s execution of the Employer’s standard
Severance and General Release Agreement within twenty-eight
(28) days of the termination of Employee’s employment,
Employee shall be entitled to the benefits set forth in the DaVita
Inc. Severance Plan, pursuant to the terms and conditions of that
plan as they exist at the time of the termination of
Employee’s employment. For purposes of this provision, an
Employee’s employment has been terminated when Employee is no
longer providing services for Employer after a specific date or the
level of bona fide services that Employee would perform (as an
employee or independent contractor) after a specific date would
permanently decrease to no more than 20% of the average level of
bona fide services performed over the immediately preceding
thirty-six month period (or the full period of service if Employee
was employed for less than thirty-six months).”
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2.
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Section 3.10 is hereby added, which
provides the following:
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“ Key E
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