13D Filing: Berkshire Hathaway and Davita Inc. (DVA)

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The foregoing references to and description of the Standstill Agreement and Letter Agreement do
not purport to be complete and are subject, and are qualified in their entirety by reference, to the full text of the Standstill Agreement and Letter Agreement, which is incorporated by reference in this Item 6.

Other than as described above, none of the Berkshire Reporting Persons or Mr. Buffett or, to their knowledge, any executive officer or
director of the Berkshire Entities, has any other contracts, arrangements, understandings or relationships with any persons with respect to the securities of DVA. Other than as described above, Mr. Weschler has no other contracts, arrangements,
understandings or relationships with any persons with respect to the securities of DVA.

Item 7. Material to be Filed as Exhibits

Exhibit

No.

Description of Exhibit

(A) Joint Filing Agreement required by Rule 13d-1(k)(1)
(B) Letter Agreement, dated May 7, 2013, by and between DaVita Inc. (f/k/a DaVita HealthCare Partners Inc.) and Berkshire Hathaway Inc. (incorporated by reference to Exhibit 99.1 to the Form 8-K filed by DVA with the SEC on
May 7, 2013)
(C) Letter Agreement, dated May 24, 2013, by and between Berkshire Hathaway Inc. and R. Ted Weschler (filed herewith)

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