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Exhibit 10.1
FIRST AMENDMENT TO TRANSITION SERVICES
AGREEMENT
THIS FIRST AMENDMENT TO TRANSITION SERVICES
AGREEMENT ("Amendment") is made and entered into effective as of
the 1 st day of March, 2005 by and between LABONE, INC.
("LabOne") and JOHN W. MCCARTY ("Employee").
WITNESSETH:
WHEREAS, LabOne and Employee entered into a
September 2, 2004 Transition Services Agreement ("Original
Agreement") which sets forth the terms of Employee's resignation
from LabOne and the orderly transition of Employee's duties to his
successor; and
WHEREAS, LabOne and Employee now desire to amend
the Original Agreement in certain respects.
NOW THEREFORE, in consideration of the mutual
agreements contained herein and in the Original Agreement, LabOne
and Employee agree as follows:
A. Paragraph 1 of the Original Agreement is
hereby amended as set forth below:
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1. Effective Date of Termination. The
effective time and date of Employee's resignation shall be
midnight, March 31 April 30 , 2005
, or earlier in accordance with the provisions of paragraph
7 hereof ("Resignation Effective Date").
B. Paragraph 3 of the Original Agreement is
hereby amended to include the following language in subsection
(b):
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(b) Compensation;
Additional Payments . Employee's current monthly base salary of
$18,750 per month ("Base Amount") shall continue during the Term.
Beginning in the month immediately following the month in which the
Resignation Effective Date occurs, and continuing monthly
thereafter for an aggregate of twelve months, LabOne shall pay the
Base Amount to Employee; provided, however, that such payments are
conditioned upon Employee's continued satisfaction of his
post-employment obligations under this Agreement and the Employment
Agreement. If LabOne undergoes a "Change of Control" (as defined
below in paragraph 3(c)) before Employee has received the twelve
months of Base Amount payments in accordance with the prece
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