0001157523-07-006614 Sample Contracts

AGREEMENT
Agreement • July 5th, 2007 • Odyssey Healthcare Inc • Services-nursing & personal care facilities • Texas

THIS AGREEMENT (the “Agreement”), dated as of June 29, 2007 (the “Effective Time”), is made and entered into by and among Odyssey HealthCare, Inc., a Delaware corporation (the “Company”), and Deborah A. Hoffpauir (“Employee”).

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EQUITY AWARD TERMINATION AGREEMENT, RELEASE AND WAIVER NOTE: SIGNATURE MUST BE PROVIDED BELOW AND ON SCHEDULE A
Termination Agreement • July 5th, 2007 • Odyssey Healthcare Inc • Services-nursing & personal care facilities • Texas

This Equity Award Termination Agreement, Release and Waiver (this “Termination Agreement”) is made as of the date set forth on the attached signature page by Deborah A. Hoffpauir (the “Employee”) and Odyssey HealthCare, Inc. (the “Company”) with respect to certain unvested stock option and restricted stock unit awards previously awarded to Employee.

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