Exhibit 10.88


 


PHYSICIAN
SHARING AGREEMENT


 


THIS
PHYSICIAN SHARING AGREEMENT (this “Agreement”)  is dated effective as of October 1, 2006 by and between
Katin Radiation Therapy, P.A., a Maryland professional corporation (“Katin”),
and 21st Century Oncology of Harford County, Maryland LLC, a Maryland limited
liability corporation (“LLC”)


 


WITNESSETH:


 


WHEREAS, Katin and
Edward Kiggundu, M.D. (“Kiggundu”)
are parties to a physician employment agreement (the “Katin Employment Agreement”), pursuant to
which Kiggundu is employed by Katin to perform professional medical services as
a radiation oncologist and Katin compensates Kiggundu for such services;


 


WHEREAS, the
compensation paid by Katin to Kiggundu includes an annual Salary and Production
Bonus;


 


WHEREAS, the  compensation paid by Katin to Kiggundu is
amended effective October 1, 2006 to compensate Kiggundu for services
provided at the additional practice locations of LLC (the “Amendment”);


 


WHEREAS, the Katin
Employment Agreement provides that  Kiggundu
shall provide medical services, on a full-time basis, primarily at Katin’s
radiation oncology center in Martinsburg, West Virginia;


 


WHEREAS, Katin has
agreed to share the services of Kiggundu with LLC, with Kiggundu’s primary
assignment remaining Martinsburg, West Virginia and Kiggundu to also provide
services at locations of LLC at 602 South Atwood Road, Suite 105, Bel Air,
Maryland and 1200 Brass Mill Road, Suite E, Belcamp, Maryland;


 


WHEREAS, in connection
with its agreement to share the services of Kiggundu with LLC, Katin desires
that LLC agree to reimburse Katin for Kiggundu’s compensation directly
attributable to providing services at 602 South Atwood Road, Suite 105,
Bel Air, Maryland and 1200 Brass Mill Road, Suite E, Belcamp, Maryland as
provided for in the Amendment, and LLC desires to reimburse such amount to
Katin.


 


NOW
THEREFORE, in consideration of the mutual covenants herein
contained, the parties, intending to be legally bound, hereby agree as follows


 


1. Compensation
for Additional Services. During the term of this
Agreement, LLC hereby agrees to reimburse Katin, on a monthly basis, for the
Additional Annual Salary and the Second Performance Bonus, as defined in the
Amendment, and paid to Kiggundu by Katin for such month pursuant to the terms of
the Katin Employment Agreement as amended (the “Compensation”).


 


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2. Payment
of Compensation. LLC’s Compensation shall be determined at the end
of each one month period, and LLC shall reimburse Katin for LLC’s Compensation
within thirty (30) days after the end of such one month period.


 


3. Term
of Agreement. The term of this Agreement shall be for a period
commencing on the date hereof and continuing until the termination of Kiggundu’s
employment for the additional practice locations of LLC covered by the
Amendment.


 


4. Amendment
and Waivers. No amendment or waiver of any term, provision or
condition of this Agreement shall be effective, unless in writing and executed
by Katin and LLC. No waiver on any one occasion shall extend to or effect or be
construed as a waiver of any right or remedy on any future occasion. No course
of dealing of any person nor any delay or omission in exercising any right or
remedy shall constitute an amendment of this Agreement or a waiver of any right
or remedy of any party hereto.


 


5. Assignment. No party
hereto may transfer its rights or obligations hereunder without the consent of
the other party hereto.


 


6. Governing
Law; Venue. This Agreement shall be construed, interpreted, and
governed in accordance with the laws of the State of Maryland. Harford County,
Maryland shall be the proper venue for any litigation arising out of this
Agreement.


 


7. Headings. The headings
of this Agreement are for the purposes of reference only and shall not affect
the construction of the Agreement.


 


8. Counterparts. This Agreement
may be executed in one or more counterparts all of which taken together shall
constitute one and the same instrument.


 


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IN WITNESS
WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the day and year first above written.


 


	
   

  	
  KATIN
  RADIATION THERAPY, P.A.

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Daniel E. Dosoretz

  
	
   

  	
   

  	
  Daniel E. Dosoretz, M.D.

  
	
   

  	
   

  	
  Vice President

  
	
   

  	
   

  
	
   

  	
  21st CENTURY ONCOLOGY OF HARFORD
  COUNTY, MARYLAND LLC

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ David M. Koeninger

  
	
   

  	
   

  	
  David M. Koeninger

  
	
   

  	
   

  	
  Vice President and CFO

  



 


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