Exhibit 10.1
AGREEMENT
Agreement, made this 19th day of September,
2008, by and between Gentiva Health Services, Inc., a Delaware
corporation (the “Company”) and Ronald A. Malone (the
“Executive”).
WHEREAS, the Company and the Executive have
entered into an Employment Agreement dated as of March 22, 2004
(the “Employment Agreement”) and a Change in Control
Agreement dated March 22, 2004 (the “Change in Control
Agreement”); and
WHEREAS, the term of each of the Employment
Agreement and the Change in Control Agreement is currently
scheduled to end on March 22, 2009; and
WHEREAS, unless either party provides notice to
the other of its intention not to extend not less than six months
prior to March 22, 2009, the term of the Employment Agreement and
the Change in Control Agreement will extend to March 22, 2010;
and
WHEREAS, the Company and the Executive have been
negotiating amendments to the Employment Agreement and the Change
in Control Agreement, which have not yet been finalized;
and
WHEREAS, in order to facilitate continued
negotiations on amendments to the agreements, the Executive and the
Company wish to amend the Employment Agreement and the Change in
Control Agreem
