Addendum To Non-Continuous Aircraft Dry Lease Agreement
Exhibit
10.1
Addendum
To
This Addendum to Non-Continuous
Aircraft Dry Lease Agreement ("Addendum") is effective as of July 1, 2009 (the
“Effective Date”), by and between RehabCare Group, Inc., a Delaware corporation
(“Lessee”), and 55JS Limited, Co., a Utah corporation (“Lessor”).
A. Lessee
and Lessor are parties to that certain Non-Continuous Aircraft Dry Lease
Agreement, effective September 1, 2006 (the “Lease Agreement”).
B. Lessee
and Lessor desire to modify the terms of the Lease Agreement.
C. This
Addendum shall be attached to and become part of the Lease
Agreement.
In
consideration of the following terms and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Defined
Terms. Capitalized terms not otherwise defined herein shall
have the meaning given thereto in the Lease Agreement.
2. Lease
Term.
(a) Lessor
and Lessee acknowledge and agree that the Lease Term shall be extended for a
period of one (1) year so that the Lease Term and the Lease Agreement shall
terminate on August 31, 2010 (the “Extended Lease Term”).
(b) Unless
Lessee notifies Lessor at least ninety (90) days prior to the end of the
Extended Lease Term (or additional term, as the case may be), the Lease
Agreement will automatically renew for two (2) additional terms of one (1) year
each, with the last automatic renewal of the Lease Agreement ending August 31,
2012 (the “Extended Lease Renewal Terms”) upon the same terms and conditions as
provided in the Lease Agreement.
(c) The
Extended Lease Term and the Extended Lease Renewal Terms, if any, together with
the Initial Term and the Renewal Terms shall be collectively referred to in the
Lease Agreement as the “Lease Term.”
3. No Other
Changes. Except as supplemented by this Addendum, the Lease
Agreement shall continue in full force and effect.
4. Miscellaneous. This
Addendum shall be construed in accordance with the laws of the State of
Missouri. This Addendum may be executed in counterpart each of which
shall be deemed an original and all of which together shall be considered one
and the same instrument. The parties agree that a facsimile may be
executed as an original.
IN
WITNESS WHEREOF, the parties agree to the terms of this Addendum.
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RehabCare
Group, Inc.
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55JS
Limited, Co.
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By:
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/s/
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Xxxx
X. Xxxxxx
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By:
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/s/
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Xxxx
X. Short
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Name:
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Xxxx
X. Xxxxxx
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Name:
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Xxxx
X. Short
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Title:
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V.P.
& Corporate Controller
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Title:
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Managing
Partner
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