alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE>
<CAPTION>
                                EXHIBIT 11


                  COMPUTATION OF NET EARNINGS PER COMMON
                       AND COMMON EQUIVALENT SHARE*
           For the six months ended February 28, 1998 and 1997
<C>                                            <C>             <C>
                                                 February       February
                                                   1998           1997


BASIC EARNINGS PER SHARE:
  Shares

     Average shares outstanding                34,530,849      34,181,663



  Net Earnings

     Net earnings for basic earnings per       $21,974,000     $18,388,000
share



Basic Earnings Per Share                       $    0.64       $   0.54



DILUTED EARNINGS PER SHARE

  Shares

     Average shares outstanding                34,530,849      34,181,663

     Net average additional shares
outstanding assuming
     dilutive stock options exercised and      1,612,422       1,441,199
proceeds used to
     purchase treasury stock at average
market price


     Average number of common and common
equivalent                                     36,143,271      35,622,862
     shares outstanding



  Net Earnings


     Net earnings for diluted earnings per     $21,974,000     $18,388,000
share



Diluted Earnings Per Share                     $    0.61       $   0.52



     *Earnings per share and all share amounts have been adjusted to
reflect the
         two-for-one split of the Common Stock to holders of record July
25, 1997.
</TABLE>


<PAGE>
<TABLE>
<CAPTION>
                                EXHIBIT 11


                  COMPUTATION OF NET EARNINGS PER COMMON
                       AND COMMON EQUIVALENT SHARE*
          For the three months ended February 28, 1998 and 1997

                                                 February       February
                                                   1998           1997

<S>                                            <C>            <C>
BASIC EARNINGS PER SHARE:
  Shares

     Average shares outstanding                34,595,053      34,216,355



  Net Earnings

     Net earnings for basic earnings per       $19,262,000     $16,323,000
share



Basic Earnings Per Share                       $    0.56       $   0.48



DILUTED EARNINGS PER SHARE

  Shares

     Average shares outstanding                34,595,053      34,216,355

     Net average additional shares
outstanding assuming
     dilutive stock options exercised and      1,630,070       1,488,058
proceeds used to
     purchase treasury stock at average
market price


     Average number of common and common
equivalent                                     36,225,123      35,704,413
     shares outstanding



  Net Earnings


     Net earnings for diluted earnings per     $19,262,000     $16,323,000
share



Diluted Earnings Per Share                     $    0.53       $   0.46



     *Earnings per share and all share amounts have been adjusted to
reflect the two-for-one split of the Common Stock to holders of record
July 25, 1997.


</TABLE>
ACTIO N Pettiford , Mari e (OST ) 

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## " U e n o o o

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## Alaska n Sourdoug h Lodge , LL C

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cc : Susa n Kurland , Assistan t Secretaryfo rAviatio n an d Internationa l Affair s Denni s DeVany , Chief , EA S an d Domesti cAnalysi s Th e Honorabl e Sea n Parnell , Governor , Stat e o fAlask a Mar cA . Luiken , Commissioner , Alask a Stat e Departmen t o fTransportatio n an d Publi cFacilitie s
#### Vincent Murphy et al., Appellants, v Arthur Shaw, Respondent.

[824 NYS2d 421]

In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Roberto, J.), dated July 15, 2002, which denied the plaintiffs’ application for an adjournment of the trial, (2) an order of the same court (Parga, J.), entered August 14, 2002, which granted the motion of defendant Arthur Shaw to dismiss the action, (3) a judgment of the same court (Parga, J), entered November 6, 2002, dismissing the action, and (4) an order of the same court (Parga, J.), dated October 1, 2004, which denied their motion to vacate the prior orders and the judgment and to restore the matter to the trial calendar.

Ordered that the appeals from the order dated July 15, 2002, the order entered August 14, 2002, and the judgment entered November 6, 2002, are dismissed; and it is further,

Ordered that the order dated October 1, 2004 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

The appeals from the intermediate orders must be dismissed, *658inter alia, because the right of direct appeal therefrom terminated with the entry of judgment in the action *(see Matter of Aho,*39 NY2d 241, 248 [1976]). The appeal from the judgment must be dismissed as no appeal lies from a judgment entered upon the default of an appealing party *(see*CPLR 5511; *Wiener v Iwachiw,*22 AD3d 747 [2005]).

The Supreme Court properly denied the plaintiffs’ motion to vacate their default in proceeding to trial. The plaintiffs were required to establish a meritorious cause of action and a reasonable excuse in failing to proceed to trial *(see Uddin v Mirza,*10 AD3d 722 [2004]). The Supreme Court correctly determined that the plaintiffs did not satisfy this burden. Miller, J.P, Crane, Skelos and Dillon, JJ., concur.
# C_2012319EN.01000702.xml

| 20.10.2012 | EN | Official Journal of the European Union | C 319/7 |
| --- | --- | --- | --- |

20.10.2012

EN

Official Journal of the European Union

C 319/7

---

Judgment of the General Court of 13 September 2012 — National Lottery Commission v OHIM

(Case T-404/10) (1)

1

(Community trade mark - Invalidity proceedings - Community figurative mark representing a hand - Article 53(2)(c) of Regulation (EC) No 207/2009 - Existence of earlier copyright protected by national law - Burden of proof - Application by OHIM of national law - Review)

2012/C 319/11

Language of the case: English

Parties

Parties

Applicant: National Lottery Commission (London, United Kingdom) (represented by: B. Brandreth, Barrister)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and J. Crespo Carrillo, acting as Agents)

Defendant:

Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy) and Giuseppe De Gregorio (Naples)

Other parties to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 (Case R 1028/2009-1); |
| --- | --- |

1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 (Case R 1028/2009-1);

| 2. | Orders OHIM to pay the costs, including those incurred by the National Lottery Commission in the proceedings before the Board of Appeal. |
| --- | --- |

2.

Orders OHIM to pay the costs, including those incurred by the National Lottery Commission in the proceedings before the Board of Appeal.

---

(1)  OJ C 328, 4.12.2010.

1

---
# C_2012138EN.01002902.xml

| 12.5.2012 | EN | Official Journal of the European Union | C 138/29 |
| --- | --- | --- | --- |

12.5.2012

EN

Official Journal of the European Union

C 138/29

---

Order of the Civil Service Tribunal (Second Chamber) of 7 July 2011 — Pedeferri and Others v Commission

(Case F-57/10) (1)

(Civil service - Officials - Action - Persons claiming the status of official or servant of the European Union - Inadmissibility - Failure to observe the pre-litigation procedure)

(2012/C 138/62)

Language of the case: Italian

Parties

Applicants: Stefano Pedeferri (Mornago, Italy) and Others (represented by: G. Vistoli, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, agents, A. Dal Ferro, lawyer)

Subject-matter of the case

Application for recognition of the applicants’ status as servants

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | The applicants are ordered to bear their own costs and to pay the costs of the European Commission. |
| --- | --- |

2.

The applicants are ordered to bear their own costs and to pay the costs of the European Commission.

---

(1)  OJ C 55, 19.2.2011, p. 36.

---
### §3754. Designation of foreclosure commissioner

#### (a) In general

The Secretary may designate a person or persons to serve as a foreclosure commissioner or commissioners for the purpose of foreclosing upon a single family mortgage.

#### (b) Power of sale

A foreclosure commissioner designated under this section shall have a nonjudicial power of sale.

#### (c) Qualifications

The foreclosure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly authorized to transact business under laws of the State in which the security property is located. No person shall be designated as a foreclosure commissioner unless that person is responsible, financially sound, and competent to conduct a foreclosure.

#### (d) Designation procedure

#### (1) Written designation

The Secretary may designate a foreclosure commissioner by executing a written designation stating the name and business or residential address of the commissioner, except that if a person is designated in his or her capacity as an official or employee of a government or corporate entity, such person may be designated by his or her unique title or position instead of by name.

#### (2) Substitute commissioners

The Secretary may, with or without cause, designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner.

#### (3) Number

More than 1 foreclosure commissioner may be designated at any time.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

#### **Editorial Notes**

#### Codification

Section is based on section 805 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
### SUBCHAPTER III—PAYMENTS

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282, title I, §116(c)(3), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter III designation and heading.
§ 111.17 The probable cause to believe finding; notification (52 U.S.C. 30109(a)(4)). ( a ) If the Commission, after having found reason to believe and after following the procedures set forth in 11 CFR 111.16, determines by an affirmative vote of four (4) of its members that there is probable cause to believe that a respondent has violated a statute or regulation over which the Commission has jurisdiction, the Commission shall authorize the General Counsel to so notify the respondent in writing
( b ) If the Commission finds no probable cause to believe or otherwise orders a termination of Commission proceedings, it shall authorize the General Counsel to so notify both respondent and complainant in writing.
[45 FR 15120, Mar. 7, 1980, as amended at 89 FR 218, Jan. 2, 2024]
### §55. Enforcing payment of deficiency in capital stock; assessments; liquidation; receivership

Every association which shall have failed to pay up its capital stock, as required by law, and every association whose capital stock shall have become impaired by losses or otherwise, shall, within three months after receiving notice thereof from the Comptroller of the Currency, pay the deficiency in the capital stock, by assessment upon the shareholders pro rata for the amount of capital stock held by each; and the Treasurer of the United States shall withhold the interest upon all bonds held by him in trust for any such association, upon notification from the Comptroller of the Currency, until otherwise notified by him. If any such association shall fail to pay up its capital stock, and shall refuse to go into liquidation, as provided by law, for three months after receiving notice from the comptroller, a receiver may be appointed to close up the business of the association, according to the provisions of section 192 of this title. And provided, That if any shareholder or shareholders of such bank shall neglect or refuse, after three months' notice, to pay the assessment, as provided in this section, it shall be the duty of the board of directors to cause a sufficient amount of the capital stock of such shareholder or shareholders to be sold at public auction (after thirty days' notice shall be given by posting such notice of sale in the office of the bank, and by publishing such notice in a newspaper of the city or town in which the bank is located, or in a newspaper published nearest thereto,) 1 to make good the deficiency, and the balance, if any, shall be returned to such delinquent shareholder or shareholders.

(R.S. §5205; June 30, 1876, ch. 156, §4, 19 Stat. 64.)

#### **Editorial Notes**

#### Codification

R.S. §5205 derived from act Mar. 3, 1873, ch. 269, §1, 17 Stat. 603.

#### **Statutory Notes and Related Subsidiaries**

#### Application to District of Columbia

Provisions of this section were made applicable to banks, etc., in the District of Columbia by act Mar. 4, 1933, ch. 274, §4, 47 Stat. 1567.

#### **Executive Documents**

#### Transfer of Functions

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, formerly set out in the Appendix to Title 5, Government Organization and Employees. See section 321(c) of Title 31, Money and Finance. The Comptroller of the Currency and the Treasurer of the United States, both referred to in this section, are officers of the Treasury Department, but such Plan excepted, from the transfer, any function vested by law in the Comptroller of the Currency.

1 So in original.
CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         In connection with the Quarterly  Report on Form 10-QSB for the quarter
ended  December  31,  2002 (the  "Report")  of  Farnsworth  Bancorp,  Inc.  (the
"Company") as filed with the  Securities  and Exchange  Commission,  we, Gary N.
Pelehaty,  President  and Chief  Executive  Officer,  and Charles  Alessi,  Vice
President, Chief Financial Officer,  Treasurer and Secretary,  certify, pursuant
to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

         (1) The Report fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934; and

         (2) The  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.

<TABLE>
<CAPTION>
<S>                                     <C>

/s/Gary N. Pelehaty                         /s/Charles Alessi
--------------------------------            --------------------------------
Gary N. Pelehaty                            Charles Alessi
President and Chief Executive Officer       Vice President, Chief Financial Officer,
                                            Treasurer and Secretary
                                            (Principal Financial and Accounting Officer)
</TABLE>


February 4, 2003
### SUBCHAPTER II—NATIONAL CENTER FOR PRODUCTIVITY AND QUALITY OF WORKING LIFE
### §2513. Computation of length of service

In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §467; renumbered §2513, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. A, title IX, §927(b)(2), Jan. 1, 2021, 134 Stat. 3831.)

#### Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §2 (Jan. 28, 1915, ch. 20, §3, 38 Stat. 801).

The Air Force is added in the enumeration of services.

That part referring to the operation of a station for part of a year is omitted.

Changes were made in phraseology. 81st Congress, House Report No. 557.

#### **Editorial Notes**

#### Amendments

2021—Pub. L. 116–283 inserted "Space Force," after "Air Force,".

2018—Pub. L. 115–282 renumbered section 467 of this title as this section.
<PAGE>

                                                                   Exhibit 10.12


                     FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

     This First Amendment to Employment Agreement (the "Amendment") is made as
of January 1, 2002, by and between D. Bradly Olah (the "Employee") and Active IQ
Technologies, Inc., a Minnesota corporation (the "Company").

     WHEREAS, the Company and Employee are parties to that certain Employment
Agreement effective as of May 1, 2001 (the "Employment Agreement"), pursuant to
which the Company employed Employee as its President and Chief Operating Officer
(COO); and

     WHEREAS, since the execution of the Employment Agreement, Employee has been
appointed Chief Executive Officer, in addition to his positions as President and
COO; and

     WHEREAS, the Company and Employee now desire to amend the Employment
Agreement in order to increase Employee's salary.

     NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree
as follows:

     1. Employment as Chief Executive Officer. Sections 1 and 3 of the
Employment Agreement shall be amended and restated in their entirety to read as
follows:

          " 1. Employment. The Company hereby employs Employee as Chief
     Executive Officer, President and COO, and Employee hereby accepts
     employment with the Company upon the terms and conditions hereinafter set
     forth."

          " 3. Duties. Employee shall report to and take direction from the
     Board of Directors. Employee shall perform those duties that are usual and
     customary for a Chief Executive Officer, President and COO of a software
     sales, service and development enterprise. He shall perform his duties in a
     manner reasonably expected of a Chief Executive Officer, President and COO
     of such a company."

     2. Compensation. Notwithstanding anything to the contrary contained in the
Employment Agreement, Employee's annual base salary shall be $200,000, subject
to increase by the Company's Board of Directors.

     3. Except as expressly amended hereby, all other terms and conditions of
the Employment Agreement shall remain in full force and effect.

     4. This Amendment may be executed in two or more counterparts, each of
which shall constitute an original and all of which taken together shall
constitute one and the same instrument.

     IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
to Employment Agreement effective as of the date first set forth above.

EMPLOYEE:                                COMPANY:

                                         ACTIVE IQ TECHNOLOGIES, INC.


/s/ D. Bradly Olah                       By: /s/ Kenneth W. Brimmer
---------------------------------            -----------------------------------
D. Bradly Olah                           Its: Chairman of the Board