Exhibit 10.83


 


PHYSICIAN
SHARING AGREEMENT


 


THIS
PHYSICIAN SHARING AGREEMENT (this “Agreement”) is dated effective as of August 1,2003
by and between 21st Century Oncology, Inc., a Florida
corporation (“21st Century”),  and Radiation Therapy
Associates of Western North Carolina, P.A., a North Carolina professional
association (“PA”).


 


WITNESSETH:


 


WHEREAS,  21st Century and Garton are parties to a physician
employment agreement (the “21st Century Employment Agreement”),  pursuant to
which Garton is employed by 21st Century to
perform professional medical services as a radiation oncologist and 21st Century compensates Garton for such services;


 


WHEREAS, the
compensation paid by 21st Century to Garton includes a base
compensation;


 


WHEREAS, the 21st Century Employment Agreement provides that
Garton shall provide medical services, on a full-time basis, at mutually agreed
upon Centers (as that term is defined in the 21st Century
Employment Agreement);


 


WHEREAS, 21st Century has agreed to share the services of
Garton with PA, and PA and Garton have entered into an employment agreement
pursuant to which Garton performs professional medical services for the PA (the
“PA
Employment Agreement”);


 


WHEREAS, in connection
with its agreement to share the services of Garton with PA, 21st Century desires that PA agree to reimburse 21st Century for PA’s proportionate share of Garton’s
base compensation paid by 21st Century (less any compensation
paid directly to Garton by the PA), and PA desires to reimburse such amount to
21st Century.


 


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


 


1. Proportionate
Share of Compensation.


 


(a) During the term of
this Agreement, PA  hereby agree to
reimburse 21st Century, on a monthly basis, for its
Proportionate Share (determined in accordance with Section l(b) hereof)
of (i) the base compensation paid to Garton by 21st Century for such month
pursuant to the terms of the  21st Century Employment Agreement, less (ii) any
base compensation paid directly to Garton by the PA for such month pursuant to
the terms of the PA Employment Agreement (the “Compensation”).


 


(b) PA’s proportionate
share of the Compensation for a one-month period (“PA’s Proportionate Share”)  shall be a percentage determined by
dividing (i) the number of days that Garton provides services to the PA in
such month, by (ii) the aggregate number of days in such month that Garton
provides services to the PA or to any other Center at the direction of 21st


 

















 


Century. For example, if
Garton provides services to the PA for eight (8) days in a one month
period and Garton provides services for an aggregate of twenty (20) days in
such one month period to PA and any other Centers designated by 21st Century, PA shall reimburse
21st Century for 8/20th (forty
percent) of the amount of the Compensation for that month.


 


2. Payment of Proportionate Share. PA’s
Proportionate Share of the Compensation shall be determined at the end of each
one month period, and PA shall reimburse 21st Century for
PA’s Proportionate Share 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 Garton’s employment with PA.


 


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 21st Century and PA. 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 Florida, other than the
conflict of laws provisions of such laws. Hillsborough County, Florida shall be
the proper venues 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.


 


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


 


	
   

  	
  21st CENTURY ONCOLOGY, INC.

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ David Koeninger

  
	
   

  	
   

  	
  Vice President

  
	
   

  	
   

  
	
   

  	
  RADIATION
  THERAPY ASSOCIATES OF WESTERN NORTH CAROLINA, P.A.

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Daniel E. Dosoretz

  
	
   

  	
   

  	
  Vice President

  



 


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