ex10-iii.htm


    
      

    

    Exhibit (10)
(iii)

     

    
      GUARANTOR
ACKNOWLEDGMENT AND AGREEMENT

       

      Each of
the undersigned consents and agrees to and acknowledges the terms of the
foregoing Amendment No. 5 to Credit Agreement, dated as of November 5, 2008.
Each of the undersigned specifically acknowledges the terms of and consent to
the waivers set forth therein.  Each of the undersigned further agrees
that the obligations of each of the undersigned pursuant to the Closing Date
Guaranty executed by each of the undersigned shall remain in full force and
effect and be unaffected hereby.

       

      Each of
the undersigned, by signing below, hereby waives and releases the Lender and its
respective directors, officers, employees, attorneys, affiliates and
subsidiaries from any and all claims, offsets, defenses and counterclaims of
which any of the undersigned is aware, such waiver and release being with full
knowledge and understanding of the circumstances and effect thereof and after
having consulted legal counsel with respect thereto.

       

      EACH OF
THE UNDERSIGNED WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY
DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG ANY OF THE
UNDERSIGNED, THE BORROWER AND/OR THE LENDER, ARISING OUT OF, IN CONNECTION WITH,
RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN
CONNECTION WITH THIS AGREEMENT, THE CREDIT AGREEMENT, THE NOTE OR OTHER RELATED
WRITING, INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION
HEREWITH OR THE TRANSACTIONS RELATED THERETO.

       

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      IN
WITNESS WHEREOF, each of the undersigned has duly executed and delivered this
Guarantor Acknowledgement and Agreement as of the date first written
above.

       

      
        	 
      	
                DCA
      of Adel, LLC

              	 
      
	 
      	
                DCA
      of Aiken, LLC

              	 
      
	 
      	
                DCA
      of Barnwell, LLC

              	 
      
	 
      	
                DCA
      of Calhoun, LLC

              	 
      
	 
      	
                DCA
      of Camp Hill, LLC

              	 
      
	 
      	
                DCA
      of Central Valdosta, LLC

              	 
      
	 
      	
                DCA
      of Chesapeake, LLC

              	 
      
	 
      	
                DCA
      of Columbus, LLC

              	 
      
	 
      	
                DCA
      of Dalton, LLC

              	 
      
	 
      	
                DCA
      of Edgefield, LLC

              	 
      
	 
      	
                DCA
      of Fitzgerald, LLC

              	 
      
	 
      	
                DCA
      of Lemoyne, Inc.

              	 
      
	 
      	
                DCA
      of Manahawkin, Inc.

              	 
      
	 
      	
                DCA
      of Mechanicsburg, LLC

              	 
      
	 
      	
                DCA
      of North Baltimore, LLC

              	 
      
	 
      	
                DCA
      of Norwood, LLC

              	 
      
	 
      	
                DCA
      of Rockville, LLC

              	 
      
	 
      	
                DCA
      of Royston, LLC

              	 
      
	 
      	
                DCA
      of Selinsgrove, LLC

              	 
      
	 
      	
                DCA
      of So. Ga., LLC

              	 
      
	 
      	
                DCA
      of South Aiken, LLC

              	 
      
	 
      	
                DCA
      of Warsaw, LLC

              	 
      
	 
      	
                DCA
      of Wellsboro, Inc.

              	 
      
	 
      	
                Keystone
      Kidney Care, Inc.

              	 
      
	 
      	
                York
      Realty Managers, LLC

              	 
      
	 
      	 
      	 
      	 
      
	 
      	
                By:

              	
                /s/
      Stephen W. Everett

              	 
      
	 
      	
                Name:

              	
                Stephen
      W. Everett

              	 
      
	 
      	
                Title:

              	
                President
      of each of the foregoing Guarantors

              


      

       

       

       

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