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Exhibit 10.1
SECOND AMENDMENT TO TRANSITION SERVICES
AGREEMENT
THIS SECOND AMENDMENT TO TRANSITION SERVICES
AGREEMENT ("Second Amendment") is made and entered into effective
as of the 30th day of April, 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, as amended on
March 1, 2005 ("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 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 deleted in its entirety and the following new Paragraph 1 is
hereby inserted in lieu thereof:
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1. Effective Date of Termination. The The
effective time and date of Employee's resignation shall be midnight
the later of (i) June 30, 2005, and (ii) the date on which
Employee's successor has assumed the responsibilities of chief
financial officer of LabOne; provided, however, that LabOne may, in
its sole and absolute discretion, elect to extend the effective
date of Employee's resignation for up to thirty days by providing
Employee advance written notice of such election ("Resignation
Effective Date").
B. Subparagraph 3(c) of the Original Agreement
is hereby deleted in its entirety a
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