alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
knd-ex1028_500.htm



 

Exhibit 10.28



AGREEMENT

This Agreement (“Agreement”) is between Kindred Healthcare Operating, Inc. (the “Company”) and Stephen D. Farber (“Employee”).

Whereas, the Company desires to offset relocation and other costs incurred by Employee in connection with his relocation to Louisville, Kentucky.   

In consideration of the premises and the mutual covenants contained herein, the following is agreed to by the Company and Employee:


	
1.
	
Incentive. 




Subject to and in consideration of the terms and conditions of this Agreement, the Company will pay Employee a one-time payment of $250,000, less applicable state, federal and local statutory deductions (“Payment”), to be paid in one lump sum within 30 days of the Company’s receipt of Employee’s original signed Agreement.      


	
2.
	
Reimbursement. 




Employee agrees that if, on or before the April 30, 2017, the Employee resigns or otherwise voluntarily terminates his employment with the Company, except in the event of the death or disability of Employee, the full amount of the Payment shall immediately become due and payable and Employee shall reimburse the Company along with attorney’s fees and costs of collection, if any, without relief from valuation and appraisement laws (“Reimbursement”).  This Agreement in no way alters or amends the “at-will” employment status of Employee. 


	
3.
	
Payroll Deduction. 




In the event that Employee must pay the Reimbursement, Employee authorizes the Company to deduct all or part of any amount owed by him to the Company from any paycheck(s) including bonus checks and his final paycheck, in accordance with state and federal law.  Any Reimbursement not reimbursed by deduction from Employee’s paycheck(s), shall remain the Employee’s obligation to reimburse the Company under the terms and conditions of this Agreement.  


	
4.
	
Severability. 




If any term or provision of this Agreement shall be found to be illegal or otherwise unenforceable or invalid, the provision shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified and enforced to the maximum extent possible.  The remaining provisions of this Agreement shall remain in full force and shall not be affected thereby by law.  


	
5.
	
Non Assignability/Modification. 




Employee may not assign his rights or obligations hereunder.  Neither this Agreement nor any provision may be changed, waived, discharged or terminated orally.  

 



 


	
6.
	
Governing Law.  




This Agreement shall be governed by the laws of the Commonwealth of Kentucky. 

 


	
 
	
 
	
KINDRED HEALTHCARE OPERATING, INC.

	
 
	
 
	
 
	
 

	
/s/ Stephen D. Farber 
	
 
	
By:
	
/s/ Benjamin A. Breier

	
Stephen D. Farber, Employee
	
 
	
 
	
 

	
 
	
 
	
Title:
	
President and Chief Executive Officer

	
 
	
 
	
 
	
 

	
Date:  
	
November 25, 2015
	
 
	
Date:
	
November 25, 2015




 

2
§ 442.4 Testing of scales. ( a ) The operator of each official establishment that weighs meat or poultry food products will cause such scales to be tested for accuracy in accordance with the technical requirements of NIST Handbook 44, at least once during the calendar year. In cases where the scales are found not to maintain accuracy between tests, more frequent tests may be required and verified by an authorized USDA program official.
( b ) The operator of each official establishment shall display on or near each scale a valid certification of the scale's accuracy from a State or local government's weights and measures authority or from a State registered or licensed scale repair firm or person, or shall have alternative documented procedures showing that the scale has been tested for accuracy in accordance with the requirements of NIST Handbook 44.
#### § 98.6 Ports of entry.

An embryo shall not be imported into the United States unless at a port of entry listed in § 93.303 for horses, § 93.403 for ruminants, or § 93.503 for swine of this chapter.

[50 FR 43563, Oct. 25, 1985, as amended at 55 FR 31558, Aug. 2, 1990; 62 FR 56025, Oct. 28, 1997]
### IN THE UNI TED STAT ES COURT OF APPEALS FOR THE FIF TH CIRCU IT

No. 10-51159 Summary Calendar

RICARDO CARDENAS-ROMO, Petitioner-Appellant

v. UNITED STATES OF AMERICA; WARDEN, RCD C I I I ; BUREAU OF PRISONS; U.S. ATTORNEY GENERAL, Respondents-Appellees

Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CV-96
Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM: * Ricardo Cardenas-Romo , f o rmer federal prisoner # 23653-208, appeals the deni a l o f his 28 U.S.C. § 2241 petition challenging his exclusion from rehabilitation programs and halfway houses. As Cardenas-R o m o has been released from Bureau of Prisons custody, we grant Respondents’ motion to dismiss the appeal as moot. See Calderon v. Moore , 518 U.S. 149, 15 0 ( 1 9 96). U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Janu ary3, 201 3 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm ined t hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 10-51159 Document: 00512100341 Page: 1 Date Filed: 01/03/2013No. 10-51159

Respondents’ alternative motion for an extension of time to file a brief is denied as unnecessary. M O T I O N T O D I S M I S S G RA N T E D ; A P P E AL D I S M I S S E D ; M O T I O N F O R AN EXTENSION OF TIME DENIED.

2 Case: 10-51159 Document: 00512100341 Page: 2 Date Filed: 01/03/2013
Exhibit


EXHIBIT 10.19.11


2016 DECLARATION OF AMENDMENT TO 
OLD DOMINION FREIGHT LINE, INC. DIRECTOR PHANTOM STOCK PLAN 
THIS 2016 DECLARATION OF AMENDMENT, is made effective as of the 25th day of February, 2016, by Old Dominion Freight Line, Inc. (the “Company”), to the Company’s Director Phantom Stock Plan, as amended through August 7, 2014 (the “Plan”). 
R E C I T A L S: 
WHEREAS, the Board of Directors of the Company has deemed it advisable to amend Section 6.1(a) of the Plan to increase the value of annual phantom stock awards granted to eligible directors under the Plan; and 
WHEREAS, the Company desires to evidence such amendment by this Declaration of Amendment. 
NOW, THEREFORE, IT IS DECLARED that upon approval of this Declaration of Amendment by the Board of Directors effective February 18, 2016, the Plan shall be and hereby is amended as follows: 
1. Amendment to Section 6.1(a). Section 6.1(a) (“Grant of Awards – Annual Awards”) of the Plan is hereby amended by deleting in its entirety Section 6.1(a) of the Plan in its current form and substituting therefor the following:
(a) Annual Awards: On the fifth business day following the date of each annual meeting of the shareholders of the Company, commencing with the 2016 annual meeting of shareholders, each Eligible Director shall be granted an Annual Award for such number of shares of Phantom Stock as is equal to (i) $100,000, divided by (ii) the Fair Market Value of a share of Common Stock on the Grant Date, rounded down to the next lowest whole number. 
2. Continued Effect. Except as set forth herein, the Plan shall be unchanged and shall remain in full force and effect. 
IN WITNESS WHEREOF, this Declaration of Amendment is executed on behalf of Old Dominion Freight Line, Inc. effective as of the day and year first above written. 
 
	
			
	OLD DOMINION FREIGHT LINE, INC.

	 
	




	BY:
	 
	/s/ David S. Congdon

	 
	 
	David S. Congdon

	 
	 
	Vice Chairman and Chief Executive Officer



	
		
	 
	 

	ATTEST:
	 

	 
	 

	/s/ Ross H. Parr
	 

	Ross H. Parr
	 

	Secretary
	 

	 
	 

	[Corporate Seal]
§ 381.13 Suspension or termination of exemptions. ( a ) The Administrator may, by order, in accordance with the applicable rules of practice suspend or terminate any exemption under § 381.10(a) with respect to any person whenever he finds that such action will aid in effectuating the purposes of the Act. Failure to comply with the conditions of the exemption, including, but not limited to, failure to process poultry and poultry products under clean and sanitary conditions may result in termination of an exemption, in addition to any other penalties provided by law.
( b ) Except as provided in § 381.10(c), the Administrator may extend the requirements of the Act to any establishment in any State or organized territory at which poultry products are processed for distribution solely within such jurisdiction if he determines in accordance with the provisions of subparagraph 5(c)(1) of the Act that the establishment is producing adulterated poultry products which would clearly endanger the public health.
### §1681x. Corporate and technological circumvention prohibited

The Commission shall prescribe regulations, to become effective not later than 90 days after December 4, 2003, to prevent a consumer reporting agency from circumventing or evading treatment as a consumer reporting agency described in section 1681a(p) of this title for purposes of this subchapter, including—

(1) by means of a corporate reorganization or restructuring, including a merger, acquisition, dissolution, divestiture, or asset sale of a consumer reporting agency; or

(2) by maintaining or merging public record and credit account information in a manner that is substantially equivalent to that described in paragraphs (1) and (2) of section 1681a(p) of this title, in the manner described in section 1681a(p) of this title.

(Pub. L. 90–321, title VI, §629, as added Pub. L. 108–159, title II, §211(b), Dec. 4, 2003, 117 Stat. 1970.)

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

#### Effective Date

Section subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as an Effective Date of 2003 Amendment note under section 1681 of this title.
IA

106TH CONGRESS

2D SESSION S. 1218

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2000

Referred to the Committee on Resources

AN ACT

To direct the Secretary of the Interior to issue to the

Landusky School District, without consideration, a patent for the surface and mineral estates of certain lots,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That subject to valid existing rights, the Secretary of the

4 Interior shall issue to the Landusky School District, with5 out consideration, a patent for the surface and mineral

6 estates of approximately 2.06 acres of land as follows:

7 T.25 N, R.24 E, Montana Prime Meridian, section 27

8 block 2, school reserve, and section 27, block 3, lot 13.

Passed the Senate April 13, 2000.

Attest: GARY SISCO,

Secretary.
**Exhibit 10.1****Board Compensation Arrangement**On September 1, 2006, we adopted a Board compensation arrangement under whichindependent non-employee members of the Board of Directors will receive compensationof $15,000 per year, plus additional fees for attending meetings in person or by telephoneconference call and will be eligible for option grants. The per meeting fees will be $1,500per Board meeting attended in person, $500 per Board meeting attended by telephone,$1,000 per committee meeting attended in person and $500 per committee meetingattended by telephone. In addition, the chairman of the Audit Committee will receive anannual retainer of $7,500 and the chairman of the Compensation Committee will receivean annual retainer of $5,000. Directors are also reimbursed for their out-of-pocketexpenses. Each new independent non-employee Director will be eligible to receive, in thediscretion of the Compensation Committee, an initial grant of options to purchase up to 22,000 shares of common stock on the date such individual joins the Board with monthlyvesting over a four-year period.  In addition, on the date of each annual stockholdersmeeting, each independent non-employee Board member who is to continue to serve as aBoard member will be eligible to receive, in the discretion of the CompensationCommittee, an option to purchase up to 5,500 shares of common stock with monthlyvesting over a one-year period.
#### § 51.4 Record of tests.

The claimant shall be responsible for providing information to an APHIS representative, State representative, or accredited veterinarian so that a complete test record may be made by such person on an APHIS approved form for each herd known to be affected, including the reactor tag number of each brucellosis reactor animal and the registration name and number of each brucellosis reactor registered animal. A copy of the applicable test record shall be given to the owner of any such herd, and one copy of each such record shall be furnished to the appropriate State veterinarian's office by such person who completes the test record.

(Approved by the Office of Management and Budget under control number 0579-0047)

[42 FR 64336, Dec. 23, 1977, as amended at 48 FR 57472, Dec. 30, 1983; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991]
#### § 354.10 Inspection service.

Any inspection service in accordance with the regulations in this part shall be for condition and wholesomeness.
# C_2010195EN.01001302.xml

| 17.7.2010 | EN | Official Journal of the European Union | C 195/13 |
| --- | --- | --- | --- |

17.7.2010

EN

Official Journal of the European Union

C 195/13

---

Action brought on 18 May 2010 — European Commission v Grand Duchy of Luxembourg

(Case C-246/01)

2010/C 195/19

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: V. Peere and G. Zavvos, acting as Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

Form of order sought

| — | declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (1), and in any event by not communicating such measures to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

—

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (1), and in any event by not communicating such measures to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

1

| — | order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The period prescribed for transposing Directive 2006/42/CE expired on 29 June 2008. As at the date on which the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not notified the Commission thereof.

---

(1)  OJ L 157, p. 24.

1

---
Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS



     We consent to the incorporation by reference in the registration statements
of Tower  Tech,  Inc.  on Form S-3 (File No.  333-36501)  and Form S-8 (File No.
333-07337) of our report dated February 20, 1998, on our audits of the financial
statements  of Tower Tech,  Inc.  as of  November  30, 1997 and 1996 and for the
years then ended, which report is included in this Annual Report on Form 10-KSB.





              COOPERS & LYBRAND L.L.P.

Oklahoma City, Oklahoma
February 20, 1998
# C_2010100EN.01004501.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/45 |
| --- | --- | --- | --- |

17.4.2010

EN

Official Journal of the European Union

C 100/45

---

Action brought on 25 January 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)

(Case T-26/10)

2010/C 100/69

Language in which the application was lodged: English

Parties

Parties

Applicant: Alibaba Group Holding Limited (Grand Cayman, Cayman Islands) (represented by: M. Graf, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: allpay.net.Limited (Hereford, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 November 2009 in case R 1790/2008-1, as far as the appeal was dismissed; and |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 November 2009 in case R 1790/2008-1, as far as the appeal was dismissed; and

| — | Order the defendant to bear the costs of the proceedings. |
| --- | --- |

—

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The word mark ‘ALIPAY’, for goods and services in classes 9, 35, 36, 38 and 42

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: Community trade mark registration of the word mark ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; United Kingdom trade mark registration of the word mark ‘ALLPAY.NET’, for goods and services in classes 9, 16, 36, 38 and 42; United Kingdom trade mark registration of a series of word marks containing the word ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; unregistered earlier marks or signs containing the word ‘ALLPAY’, used in the course of trade in the United Kingdom

Mark or sign cited:

Decision of the Opposition Division: Upheld the opposition for all the contested goods and services

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal partially

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly found that there was likelihood of confusion between the trade marks concerned.

Pleas in law:

---
STAKEHOLDER ANNOUNCEMENT 

Innovation Center Hosts Stakeholders to Share Innovative Ideas to Bring Prosperity Back 

to Rural Communities

WASHINGTON, March 16, 2018 – National stakeholders recently convened at the United States Department of 

Agriculture’s (USDA) newly established Rural Innovation Center to discuss ways to enhance program delivery services. 

Assistant to the Secretary for Rural Development Anne Hazlett and Chief Innovation Officer Gina Sheets engaged 

attendees on approaches and methodologies the agency could consider around the priorities of infrastructure, partnerships, 

and innovation. 

“Secretary Perdue created the Rural Development Innovation Center to work directly with you – no matter where you are 

– to help innovate the way we partner with rural communities in building their future,” said Hazlett. “The challenges and 

opportunities in rural America are multifaceted and constantly evolving. Rural communities need a forward-focused 

agency and Innovation to assist local leaders with new and fresh solutions.”

The Center is working directly with Rural Development program and state staff to make program delivery more effective 

and efficient for USDA customers through four approaches: 

• First, by identifying ways Rural Development can leverage new and existing partnerships to increase the 

number of customers served by current Rural Development resources. 

• Second, through the development and revision of policies (Farm Bill) that enable our resources to best 

serve rural communities. 

• Third, by removing barriers preventing Rural Development customers from accessing our resources 

through regulatory reform. 

• Fourth, by enhancing data-based decision making through increased accessibility to data about Rural 

Development investments. 

Director Gina Sheets closed the meeting with a strong call for action from all stakeholders as she invited them to “Stay 

connected and let staff at the Innovation Center know how it can continue to move toward results that will further share 

innovative best practices that create rural prosperity and improve the quality of life in rural communities.” 
Chief Innovation Officer Gina Sheets (far right) engages with stakeholders sharing best practices and 

opportunities for partnerships on behalf of the new Innovation Center.

#

USDA is an equal opportunity provider, employer, and lender.
Exhibit 32.1


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



In connection with the Quarterly Report  of Sunburst Acquisitions VI, Inc.
(the "Company") on Form  10-QSB for the period ending October 31, 2003  (the
"Report"), I,  Michael R. Quinn, Principal Executive Officer  and  Principal
Financial  Officer of the Company, certify, pursuant to  18  U.S.C.  Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of  2002,
that:

1) The Report fully complies with the requirement of Section 13(a) or 15 (d)
of the Securities Exchange Act of 1934; and

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



/s/ Michael R. Quinn

-----------------------
Principal Executive Officer
Principal Financial Officer
Date:
Exhibit 13.2
 GRUPO TELEVISA, S.A.B.
 SECTION 906 CERTIFICATION OF CHIEF FINANCIAL OFFICER
  1.
    
    The Companys annual report on Form 20-F for the fiscal year ended December 31, 2009, to
which this statement is filed as an exhibit (the Report), fully complies with the
requirements of Section 13(a) or 15(d) 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.
  By:
    
    /s/ Salvi Rafael Folch ViaderoName:
    
    Salvi Rafael Folch ViaderoTitle:
    
    Chief Financial Officer
**Judgment of the General Court (Eighth Chamber) of 29 March 2012 — You-Q v OHIM – Apple Corps (BEATLE)**

**(Case T-369/10)**

Community trade mark — Opposition proceedings — Application for Community figurative mark BEATLE — Earlier national and Community word and figurative marks BEATLES and THE BEATLES — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation of the earlier marks

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Taking unfair advantage of the distinctive character or repute of the earlier mark (Council Regulation No 207/2009, Art.
8(5)) (see paras 34-35, 45, 60, 74)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2010 (Case R 1276/2009-2) concerning opposition proceedings between Apple Corps Ltd and Movingpeople.net International BV. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders You-Q BV to pay the costs. |