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:
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
