alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Fannie Bernheimer, appellee, v. Francis G. Hamer et al., appellants.

Filed March 7, 1900.

No. 9,163.

1. Judicial Sale: Confirmation: Objections. Objections to the confirmation of sale of real estate must be specifically assigned, and called to the attention of the trial court, in order to entitle them to be considered in this court.

2. -: Appraisal: Objections. Objections to an appraisal of property to be sold at judicial sale should, except where fraud is alleg'ed, be filed prior to the date fixed for the sale.

3. -: Error in Appraisal: Outlawed Lien. An error in appraising real estate for judicial sale, whereby an outlawed lien was deducted, is without prejudice, where the property sold for more than two-thirds its gross valuation.

Appeal from the district court of Buffalo county. Tried below before Greene, J.

*Affirmed.*

*734
      *Francis G. Ha/rner,*for appellant:

It was the duty of the court to examine the return of the sheriff, and to have ascertained if any irregularity appeared therein; and, if any such irregularity appeared, to set aside the sale upon his own motion. See *Eelmcr v. Rehm,*14 Nebr., 220.

The sheriff can not delegate the exercise of judicial functions to his deputy. See *State v. Noble,*118 Ihd., 350; *Van Sly he v. Insurance Go.,*39 Wis., 390; *State v. Jefferson,*66 N. Car., 309.

*Dryden & Main, contra.*

Sullivan, J.

This is an appeal from an order of the district court of Buffalo county confirming a sale of real estate made pursuant to a decree of foreclosure. Appellant contends that there are four sufficient reasons why the sale should be set aside. The first, second and third of these reasons were not brought to the notice of the district court, and, consequently, can .not be considered here. Such is the rule established by *Johnson v. Bemis,*7 Nebr., 224; *Ecklund v. Willis,*44 Nebr., 129, and *Creighton University v. Mulvihill,*49 Nebr., 577. The fourth ground of objection to the sale is that the appraisers deducted from the gross valuation of the property an outlawed lien amounting to $84.81. This objection is without merit, because (1) it does not affirmatively appear that the right to enforce the lien by action was barred; (2) the appropriate remedy was a motion to vacate the appraisement *(Jarrett v. Hoover,*54 Nebr., 65), and (3) the land having been sold for two-thirds of the gross valuation, the alleged error in the appraisal was not prejudicial. See *La Selle v. Nicholls,*56 Nebr., 458. The order of confirmation is

Affirmed.
Electrical Conductivity, UMHOS

Day High Low Mean 14 DAY ACCUM MEAN 14 DAY AVG MEAN

1 9,815 1,408 5,375 60,594 4,328

2 9,217 1,748 5,449 61,326 4,380

3 8,545 1,276 4,762 62,092 4,435

4 7,826 969 4,154 62,294 4,450

5 7,939 745 3,688 61,329 4,381

6 6,884 706 3,657 60,967 4,355

7 6,915 1,121 3,867 60,866 4,348

8 6,917 1,501 4,236 60,967 4,355

9 7,638 2,165 4,680 61,201 4,372

10 7,463 2,092 4,602 61,129 4,366

11 7,877 1,557 4,513 60,989 4,356

12 8,258 1,309 4,589 61,306 4,379

13 8,064 1,418 4,179 61,784 4,413

14 7,547 870 4,114 61,865 4,419

15 8,592 1,322 5,090 61,580 4,399

16 6,743 1,433 4,523 60,654 4,332

17 5,905 500 3,320 59,212 4,229

18 5,960 622 3,294 58,352 4,168

19 6,535 554 3,821 58,485 4,178

20 7,120 733 4,469 59,297 4,236

21 7,355 1,543 4,920 60,350 4,311

22 8,536 2,731 5,679 61,793 4,414

23 7,346 1,852 4,226 61,339 4,381

24 6,711 1,942 4,136 60,873 4,348

25 7,587 1,031 4,020 60,380 4,313

26 7,256 1,164 4,139 59,930 4,281

27 7,848 783 3,947 59,698 4,264

28 7,592 606 4,147 59,731 4,267

29 7,974 901 4,297 58,938 4,210

30 7,857 997 4,192 58,607 4,186

31 6,543 1,012 3,992 59,279 4,234

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Emmaton Top On The Sacramento River 

Period: October 2022 Run Date: 11/22/2022
U.S. Department of 

Transportation 

Office of the Secretary 

Of Transportation 

December 18, 2012 

Mr. Pierre Murphy 

Law Offices of Pierre Murphy 

1200 New Hampshire Ave NW 

Suite 800 

Washington, DC 20036 

: '' 

1200 New Jersey Ave., S.E. 

Washington, DC 20590 

RE: Docket DOT-OST-2012-0178, Application of Scott Air, LLC for a Certificate 

Of Public Convenience and Necessity 

Dear Mr. Murphy: 

We have completed a review of the information filed on October 22, 2012, by Scott Air, LLC 

d/b/a Island Air Express ("Scott Air"), for a certificate of Public Convenience and Necessity to 

conduct scheduled interstate air transportation of persons, property, and mail. 

We have determined that we will need additional and/or clarifying information before we may 

complete our review. The attached Information Request lists the areas where further information 

and/or clarification is necessary. I ask that you respond fully to this request within 30 days ofthe 

date of this letter. 

In the meantime, as is the Department's practice, further processing of your application will be 

deferred pending receipt of this material. Thank you for your cooperation in this matter. If you 

have any questions regarding this letter or the requested information, please feel free to contact 

me at (202) 366-9998. 

Sincerely, 

fi,~/l 

~Clr'-&~~~ . ~ 

Cc: Docket DOT-OST-2012-0178 

Troy McClanahan 

Juneau FSDO AL05 
INFORMATION REQUEST 

Scott Air LLC d/b/a Island Air Express 

GENERAL INFORMATION 

1. Section 24 3.13 requires that each certificated air carrier that operates one or more 

covered flight segments file with the Department, via www.regulations.gov, in Docket 

DOT-OST-1998-3305 a brief statement summarizing how it will collect the passenger 

manifest information and transmit it to the Department of State following an aviation 

disaster. If the certificate authority sought would authorize the applicant to operate a 

covered flight segment, even though there may be no immediate plans to do so, the 

applicant should file the summary statement required by section 24 3.13. If the applicant 

does not intend to operate any covered flight segments in the foreseeable future, the 

applicant must file in Docket DOT -OST -1998-3305 a statement so stating, and also 

stating that the applicant will not operate any covered flight segment unless and until it 

has filed the summary required by section 243.13. 

MANAGEMENT AND KEY TECHNICAL PERSONNEL 

1. The resume of Scott Air's Director of Maintenance, Chad Russell, indicates he is the 

owner and mechanic of an aircraft maintenance provider, Precision Aircraft Maintenance, 

in Anchorage, Alaska and that he is the Director of Maintenance for three small Part 135 

air carriers. Please explain how Mr. Russell will divide his time between his businesses 

while also serving as Director of Maintenance at Scott Air.
§ 303.447 Timelines and convenience of hearings and reviews. ( a ) The lead agency must ensure that not later than either 30 days or 45 days (consistent with the lead agency's written policies and procedures adopted under § 303.440(c)) after the expiration of the 30-day period in § 303.442(b), or the adjusted 30-day time periods described in § 303.442(c))— ( 1 ) A final decision is reached in the hearing; and
( 2 ) A copy of the decision is mailed to each of the parties.
( b ) The lead agency must ensure that not later than 30 days after the receipt of a request for a review— ( 1 ) A final decision is reached in the review; and
( 2 ) A copy of the decision is mailed to each of the parties.
( c ) A hearing or reviewing officer may grant specific extensions of time beyond the periods set out in paragraphs (a) and (b) of this section at the request of either party.
( d ) Each hearing and each review involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved.
(Authority: 20 U.S.C. 1415(f)(1)(B)(ii), 1415(g), 1415(i)(1), 1439)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 3,334

 2,742

 3,022

 2,822

 3,073

 2,145

 2,320

 2,765

 3,843

 3,666

 4,456

 6,228

 5,858

 5,631

 4,584

 4,066

 3,405

 3,307

 3,923

 4,172

 4,505

 4,535

 4,381

 4,450

 2,705

 2,619

 2,858

 3,936

 5,142

 4,105

 269

 335

 377

 371

 349

 338

 338

 332

 359

 395

 448

 567

 551

 435

 373

 519

 439

 521

 397

 565

 507

 564

 590

 529

 521

 448

 466

 601

 542

 410

 929

 836

 850

 883

 964

 703

 648

 812

 1,058

 957

 1,338

 2,087

 1,947

 1,561

 1,312

 1,334

 1,266

 1,311

 1,520

 1,541

 1,483

 1,531

 1,640

 1,723

 1,289

 1,241

 1,400

 2,150

 2,082

 1,249

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2009 WATER QUALITY REPORT RUN DATE: October 2, 2009

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 15,183

 14,372

 13,376

 12,943

 12,761

 12,354

 12,125

 12,158

 12,434

 12,650

 13,211

 14,403

 15,168

 15,573

 15,956

 16,454

 16,870

 17,298

 17,854

 18,692

 19,527

 20,246

 20,828

 21,594

 21,545

 20,699

 20,152

 20,741

 21,511

 21,426

 1,085

 1,027

 955

 925

 912

 882

 866

 868

 888

 904

 944

 1,029

 1,083

 1,112

 1,140

 1,175

 1,205

 1,236

 1,275

 1,335

 1,395

 1,446

 1,488

 1,542

 1,539

 1,479

 1,439

 1,482

 1,537

 1,530

Comments:

0 reading indicates that the station was out of service.

EMMATON TOP ON THE SACRAMENTO RIVER
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 259

 336

 317

 321

 318

 268

 273

 257

 297

 363

 332

 349

 309

 424

 602

 863

 822

 753

 763

 630

 657

 514

 358

 419

 472

 639

 790

 736

 1,233

 1,237

 1,289

 176

 177

 177

 179

 177

 179

 180

 184

 187

 189

 192

 193

 192

 193

 197

 197

 202

 212

 210

 217

 208

 199

 192

 197

 199

 200

 200

 202

 221

 229

 228

 193

 206

 216

 213

 209

 194

 201

 209

 219

 227

 224

 222

 213

 225

 273

 294

 339

 352

 369

 356

 352

 272

 221

 244

 245

 255

 278

 306

 430

 527

 562

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2007 WATER QUALITY REPORT RUN DATE: June 5, 2007

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 3,108

 3,093

 3,075

 3,033

 2,974

 2,872

 2,827

 2,809

 2,811

 2,842

 2,876

 2,910

 2,934

 2,971

 3,051

 3,139

 3,262

 3,401

 3,561

 3,723

 3,874

 3,937

 3,939

 3,956

 3,977

 4,010

 4,075

 4,156

 4,313

 4,546

 4,769

 222

 221

 220

 217

 212

 205

 202

 201

 201

 203

 205

 208

 210

 212

 218

 224

 233

 243

 254

 266

 277

 281

 281

 283

 284

 286

 291

 297

 308

 325

 341

Comments:

0 reading indicates that the station was out of service.

EMMATON BOTTOM ON THE SACRAMENTO RIVER
# Fourth Court of Appeals

San Antonio, Texas

November 13, 2015

N o. 04

- 15

- 00414

- CV

Jose "Joe" HINOJOSA

, Appellant

v.

FIREFIGHTERS & POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE

CITY OF LAREDO, TEXAS ; Irma Mireles, Vidal Cantu, Jr. & Jesus Torres,

Appellee s

From the 341st Judicial District Court, Webb County, Texas

Trial Court No. 2014

- CVZ

- 000338

- D3

Honorable Rebecca Ramirez Palomo, Judge Presidin g



### O R D E R

Appellant's motion for extension of time to file motion for rehearing and to substitute

counsel is hereby GRANTED.

It is so ORDERED on November 13, 2015.

PER CURIAM

ATTESTED TO:

_____________________________ __

Keith E. Hottle

Clerk of Court
§ 606.23 What special funding consideration does the Secretary provide? ( a ) If funds are available to fund only one additional planning grant and each of the next fundable applications has received the same number of points under § 606.20 or 606.21, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— ( 1 ) Has an endowment fund of which the current market value, per full-time equivalent enrolled student, is less than the average current market value of the endowment funds, per full-time equivalent enrolled student, at similar type institutions; or
( 2 ) Has expenditures for library materials per full-time equivalent enrolled student which are less than the average expenditure for library materials per full-time equivalent enrolled student at similar type institutions.
( b ) If funds are available to fund only one additional development grant and each of the next fundable applications has received the same number of points under § 606.20 or 606.22, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— ( 1 ) Has an endowment fund of which the current market value, per full-time equivalent enrolled student, is less than the average current market value of the endowment funds, per full-time equivalent enrolled student, at comparable institutions that offer similar instruction;
( 2 ) Has expenditures for library materials per full-time equivalent enrolled student that are less than the average expenditures for library materials per full-time equivalent enrolled student at comparable institutions that offer similar instruction; or
( 3 ) Propose to carry out one or more of the following activities— ( i ) Faculty development;
( ii ) Funds and administrative management;
( iii ) Development and improvement of academic programs;
( iv ) Acquisition of equipment for use in strengthening management and academic programs;
( v ) Joint use of facilities; and
( vi ) Student services.
( c ) As used in this section, an “endowment fund” does not include any fund established or supported under 34 CFR part 628.
( d ) Each year, the Secretary provides prospective applicants with the average market value of endowment funds and the average expenditure of library materials per full-time equivalent student.
( e ) The Secretary gives priority to each application that contains satisfactory evidence that the applicant has entered into or will enter into a collaborative arrangement with at least one local educational agency or community-based organization to provide that agency or organization with assistance (from funds other than funds provided under this part) in— ( 1 ) Reducing the dropout rates of Hispanic students;
( 2 ) Improving rates of academic achievement of Hispanic students; and
( 3 ) Increasing the rates at which Hispanic high school graduates enroll in higher education.
(Authority: 20 U.S.C. 1101 *et seq.*)
[64 FR 70147, Dec. 15, 1999, as amended at 70 FR 13373, Mar. 21, 2005]
§ 222.175 What regulations apply to recipients of funds under this program? The following regulations apply to the Impact Aid Discretionary Construction program: ( a ) The Education Department General Administrative Regulations (EDGAR) as follows: ( 1 ) 34 CFR part 75 (Direct Grant Programs) except for 34 CFR §§ 75.600 through 75.617.
( 2 ) 34 CFR part 77 (Definitions that Apply to Department Regulations).
( 3 ) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).
( 4 ) 34 CFR part 81 (General Education Provisions Act—Enforcement).
( 5 ) 34 CFR part 82 (New Restrictions on Lobbying).
( 6 ) 34 CFR part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)).
( b ) The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474.
( c ) The regulations in 34 CFR part 222.
(Authority: 20 U.S.C. 1221e-3)
[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33170, June 11, 2015]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 1,186.16

 1,186.22

 1,186.28

 1,186.32

 1,186.36

 1,186.39

 1,186.42

 1,186.46

 1,186.50

 1,186.53

 1,186.55

 1,186.64

 1,186.89

 1,187.13

 1,187.28

 1,187.41

 1,187.54

 1,187.72

 1,188.86

 1,190.77

 1,193.89

 1,195.10

 1,195.45

 1,195.63

 1,196.14

 1,198.53

 1,198.65

 1,198.54

 1,198.45

 1,198.42

 1,198.39

 29.76

 29.84

 29.92

 29.98

 30.03

 30.07

 30.11

 30.16

 30.22

 30.25

 30.28

 30.40

 30.73

 31.05

 31.26

 31.44

 31.61

 31.86

 33.44

 36.21

 41.02

 42.98

 43.56

 43.86

 44.71

 48.83

 49.05

 48.85

 48.69

 48.64

 48.59

STORAGE

+0.08

+0.08

+0.08

+0.05

+0.05

+0.04

+0.04

+0.05

+0.05

+0.04

+0.03

+0.12

+0.33

+0.32

+0.20

+0.18

+0.18

+0.25

+1.58

+2.77

+4.81

+1.96

+0.58

+0.30

+0.85

+4.13

+0.21

-0.20

-0.16

-0.05

-0.05

CHANGE

42

42

42

30

29

23

22

30

28

21

15

62

172

166

105

90

91

129

804

1,398

2,426

991

294

153

431

2,322

480

155

87

113

90

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 240

 371

 250

 164

 138

 114

SPILL

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

OUTLET

 1

 1

 1

 2

 1

 2

 1

 2

 0

 0

 0

 1

 4

 2

 1

 0

 1

 4

 4

 2

 2

 1

 1

 1

 1

 0

 1

 2

 2

 1

 2

C.F.S.

 .03

 .03

 .02

 .04

 .03

 .04

 .03

 .04

 .01

 .01

 .01

 .03

 .09

 .04

 .03

 .01

 .02

 .08

 .08

 .05

 .04

 .01

 .02

 .02

 .01

 .00

 .02

 .04

 .03

 .02

 .03

INCHES

 .00

 .08

 .00

 .00

 .00

 .00

 .00

 .00

 .01

 .00

 .00

 .64

 .47

 .00

 .00

 .00

 .01

 .21

 .78

 .60

 1.14

 .55

 .07

 .08

 .91

 1.47

 .01

 .00

 .00

 .13

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-ORLAND PROJECT-CALIFORNIA

JANUARY 2010 EAST PARK RESERVOIR DAILY OPERATIONS RUN DATE: 02/01/2010

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS +18.90 10,883 31 1,277 44 .96 7.16

ACRE-FEET +18,900 21,586 61 2,533 87

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800 AM.

SUMMARY RELEASE (ACRE-FEET)

SPILL 2,533

OUTLET

TOTAL

 61

 2,594

PRECIPITATION

THIS MONTH =

TO DATE =

 7.16

JULY 1, 2009 11.04

 29.69
### §2152. Advice from executive departments and other sources

Before any trade agreement is entered into under section 2133 of this title or section 4202 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate. Such advice shall be prepared and presented consistent with the provisions of Reorganization Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c) of this title.

(Pub. L. 93–618, title I, §132, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100–418, title I, §1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title XXI, §2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, §110(a)(2), June 29, 2015, 129 Stat. 357.)

#### **Editorial Notes**

#### References in Text

Reorganization Plan Number 3 of 1979, referred to in text, is set out as a note under section 2171 of this title.

Executive Order Number 12188, referred to in text, is set out as a note under section 2171 of this title.

#### Amendments

2015—Pub. L. 114–26 substituted "section 4202 of this title" for "section 3803 of this title".

2002—Pub. L. 107–210 substituted "section 3803 of this title," for "section 2902 of this title,".

1988—Pub. L. 100–418 amended section generally. Prior to amendment, section read as follows: "Before any trade agreement is entered into under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate."

#### **Executive Documents**

#### Delegation of Authority

For delegation of functions of President under div. B of Pub. L. 107–210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
EXHIBIT 10.1**THIRD AMENDMENT TO SERVICES AGREEMENT**          THIS THIRD AMENDMENT TO SERVICES AGREEMENT (the “Third Amendment”) is dated as of November 1,2006 (but the amendment herein, shall be effective as of June 27, 2006), by and betweenIntraBiotics Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Hickey & Hill,Inc., a California corporation (“H&H”).**RECITALS**          WHEREAS, the Company and H&H previously entered into that certain Services Agreement, datedJune 20, 2005 (the “Services Agreement”), whereby H&H provided the Company with certainadministrative and financial consulting services as set forth in Exhibit A to the ServicesAgreement;          WHEREAS, on June 27, 2006, the parties amended the Services Agreement to among other things,extend the Agreement for an additional term of one (1) year and set the compensation terms for theextended period, (which together with the Services Agreement, as amended, shall be referred tohereinafter as the “Agreement”); and          WHEREAS, the Company and H&H now desire to further amend the Agreement in order to reviseparagraph 9 of Exhibit A, which revision was agreed to by the Company and H&H but was inadvertentlyomitted from the written amendment entered into on June 27, 2006. This amendment is intended to beretroactively effective as of June 27, 2006.**AMENDMENT**          NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agreethat paragraph 9 of Exhibit A, to the Agreement shall be amended and restated in its entirely toread as follows as of June 27, 2006: 9. Communicate with the board of directors, attorneys and other parties as requestedby the board in connection with the class action lawsuit, administer the payment of legalfees and expenses by the Company’s D&O Insurance provider in connection with the lawsuitand respond to discovery requests; provided however that H&H will be paid at the rate of$200 per hour after devoting more than 20 hours per month responding to discovery requests,the dissolution process, a merger or acquisition or in-licensing agreements. This provisionwill only go into effect after Hickey & Hill has devoted 86 total hours in a given month.          This Third Amendment supersedes any previous understandings, commitments orrepresentations whatsoever, whether oral or written, related to the subject matter of this ThirdAmendment. In the event of any inconsistencies the terms of the Agreement and this ThirdAmendment, the terms of this Third Amendment shall control. All other terms of the Agreement shallremain in full force and effect. This Third Amendment shall be governed by and construed inaccordance with the laws of the State of California without giving effect to the principles ofconflicts of law.

 
     IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.         INTRABIOTICS PHARMACEUTICALS, INC. HICKEY & HILL, INC.           By:   By:         Name:   Name:             Title:   Title: