alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.1





 Exhibit 10.1 

AMENDMENT TO SEPARATION AND RELEASE AGREEMENT

 THIS AMENDMENT (“Amendment”) to the Separation and Release Agreement by and
between Eclipse Resources Corporation (the “Company”) and Matthew R. DeNezza (“Executive”) dated as of August 24, 2018 (the “Agreement”), is entered into by the Company and
the Executive on, and to be effective as of November 30, 2018 (the “Effective Date”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Agreement.

 WHEREAS, the Company is a party to that certain Agreement and Plan of Merger among the Company, Everest Merger Sub Inc.,
and Blue Ridge Mountain Resources, Inc. (the “Merger Agreement,” and the transactions contemplated therein, the “Merger”); 

WHEREAS, the Agreement currently provides that, subject to his earlier termination, Executive’s employment with the
Company will end on November 30, 2018, subject to and conditioned upon the closing of the Merger (the “Closing”); 

WHEREAS, the Closing is not expected to occur on or before November 30, 2018; and 

WHEREAS, the Company and Executive desire to amend the Agreement to clarify that, subject to his earlier termination,
Executive’s last day of employment with the Company will be the date of the Closing. 
 NOW, THEREFORE,
in consideration of the foregoing, and of the representations, warranties, covenants and agreements contained in the Agreement and herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and
accepted, the parties hereto hereby agree as follows: 
 1.    Section 1 of the Agreement is amended and restated in its
entirety effective as of the Effective Date to read as follows: 
 “1.    Last Day of Employment. In
connection with and contingent upon the Closing, unless Executive’s employment with the Company terminates earlier, Executive’s last day of employment with the Company will be on the date of the Closing (the “Closing
Date”).” 
 2.    Section 2(a) of the Agreement is amended effective as of the Effective Date to
replace “November 30, 2018,” with “the Closing Date”. 
 3.    This Amendment may be executed in one
or more facsimile, electronic or original counterparts, each of which shall be deemed an original and both of which together shall constitute the same instrument. 

4.    All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall
remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment or the original Agreement shall include the terms contained in this Amendment. 

[Signature Page Follows] 












 IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the
Effective Date. 
  

			
	ECLIPSE RESOURCES CORPORATION
		
	 By:
	 	 /s/ Benjamin W. Hulburt

	 Name:
	 	Benjamin W. Hulburt
	 Title:
	 	Chairman, President and Chief Executive Officer
	
	EXECUTIVE
		
	 By:
	 	 /s/ Matthew R. DeNezza

	 Name:
	 	Matthew R. DeNezza
Exhibit 32.2 Broadcast International, Inc. & Subsidiaries Certification Of Chief Financial Officer 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 Broadcast International, Inc. (the Company) on Form 10-Q for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof, Reed L. Benson, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: August 13, 2007  /s/ Reed L. Benson Reed L. Benson Chief Financial Officer
#### Textile Overseas Corporation, Respondent, *v.*Riveredge Warehouse Corporation, Appellant.

First Department,

May 10, 1949.

*David A. Ticktin*and *Max J. Gwertsman*for appellant.

*Benjamin Feldstein*for respondent.

*Per Curiam.*

The trial court inadvertently erred in its charge on the question of burden of proof when it instructed the jury that after defendant had established a theft of the goods from the warehouse it still had the burden of showing that “ the loss was not due to any negligence or want of due care on his part.”

The law is well settled that failure on the part of a bailee to deliver to a bailor his property on demand raises a presumption of liability, but this presumption is prima facie only and may be overcome by evidence. When it appears that the loss was caused by some accident, such as by a fire or a burglary, the onus con*237tinues upon the bailor to prove that such accident was caused by want of care upon the part of the bailee *(Stewart*v. *Stone,*127 N. Y. 500, 506; *Claflin*v. *Meyer,*75 N. Y. 260, 263; *Draper*v. *President etc., D. & H. C. Co.,*118 N. Y. 118; *Kaiser*v. *Latimer,*9 App. Div. 36, 38).

We think too that evidence offered by defendant as to the general practice and custom of warehousemen in the neighborhood of defendant’s warehouse concerning the employment of interior watchmen, and the use of burglar alarm systems, should not have been excluded.

Defendant was confronted with the task of resisting the claim of negligence founded in part upon its failure to maintain at the premises a watchman at all times and to have, installed a burglar alarm system. Accordingly, any evidence which reasonably might show a practice in the same kind of business under like conditions would be competent as tending to establish a standard by which reasonable care might be judged. Such evidence, though not a conclusive test, is nevertheless admissible for what it is worth and its weight is entirely for the jury *(Shannahan*v. *Empire Engineering Corp.,*204 N. Y. 543, 550; *Storm*v. *New York Telephone Co.,*270 N. Y. 103, 110; *Regan*v. *Eight Twenty Fifth Corp.,*287 N. Y. 179, 182; *Cline*v. *Northern Central R. R. Co.,*181 App. Div. 203, 206; *Marus*v. *Central R. R. Co.,*175 App. Div. 783, 786; 2 Wigmore on Evidence [3d ed.], § 461). The holding in *Hodell*v. *Tower's Stores Inc.*(218 App. Div. 572), upon which plaintiff relies is contrary to the well grounded rule in this State (Eichardson on Evidence [7th ed.], § 138; *Shannahan*v. *Empire Engineering Corp., supra).*

For the foregoing reasons, we think that the judgment should be reversed and a new trial ordered, with costs to appellant to abide the event.

Glennon, J. P., Dobe, Cohn, Callahan and Shientag, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
### §9269c. Procedures for review of classified and certain other information

#### (a) In general

If a finding under this subtitle 1 or an amendment made by this subtitle, a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under this subtitle 1 or an amendment made by this subtitle, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), law enforcement information, or any other information protected from disclosure by statute, and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.

#### (b) Rule of construction

Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle 1 or an amendment made by this subtitle, any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under this subtitle 1 or an amendment made by this subtitle.

(Pub. L. 116–92, div. F, title LXXI, §7144, Dec. 20, 2019, 133 Stat. 2256.)

#### **Editorial Notes**

#### References in Text

This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sections 262p–13 and 286yy of this title. For complete classification of this subtitle to the Code, see Tables.

The Classified Information Procedures Act, referred to in subsec. (a), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

#### Codification

Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter.

1 See References in Text note below.
Exhibit 31.2

            Certification pursuant to Rule 13a-14(a)/15d-14(a) of the
                         Securities Exchange Act of 1934

                  ---------------------------------------------

I, Francis Chang, certify that:

1.        I have reviewed this amended quarterly report on Form 10-QSB/A of
ELECTRONIC SENSOR TECHNOLOGY, INC. (the "Company");

2.        Based on my knowledge, this amended quarterly report does not contain
any untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period covered by
this amended quarterly report;

3.        Based on my knowledge, the financial statements, and other financial
information included in this amended quarterly report, fairly present in all
material respects the financial condition, results of operations and cash flows
of the Company as of, and for, the periods presented in this amended quarterly
report;

4.        The Company's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and we have:

a)        Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the Company, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period for which this amended quarterly report is being
prepared; and

b)        Evaluated the effectiveness of the Company's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

5.        The Company's other certifying officer and I have disclosed, based on
our most recent evaluation, to the Company's auditors and the audit committee of
Company's board of directors (or persons performing the equivalent functions):

a)        All significant deficiencies and material weaknesses in the design or
operation of internal controls which are reasonably likely to adversely affect
the Company's ability to record, process, summarize and report financial
information; and

b)        Any fraud, whether or not material, that involves management or other
employees who have a significant role in the Company's internal controls.


Date: September 26, 2006
                                         /s/ Francis Chang
                                         ---------------------------------------
                                         Francis Chang
                                         Secretary, Treasurer and Vice President
                                         of Finance and Administration
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

 2,362.19

 2,361.84

 2,361.48

 2,361.09

 2,360.71

 2,360.36

 2,359.98

 2,359.61

 2,359.26

 2,358.91

 2,358.55

 2,358.17

 2,357.77

 2,357.36

 2,356.97

 2,356.55

 2,356.13

 2,355.70

 2,355.29

 2,354.88

 2,354.45

 2,354.07

 2,353.71

 2,353.30

 2,352.80

 2,352.34

 2,351.89

 2,351.46

 2,351.02

 2,350.60

 2,350.17

 2,321.4

 2,315.9

 2,310.3

 2,304.1

 2,298.2

 2,292.7

 2,286.8

 2,281.0

 2,275.6

 2,270.1

 2,264.5

 2,258.6

 2,252.5

 2,246.1

 2,240.1

 2,233.6

 2,227.2

 2,220.6

 2,214.3

 2,208.0

 2,201.4

 2,195.6

 2,190.1

 2,183.9

 2,176.2

 2,169.3

 2,162.4

 2,155.9

 2,149.3

 2,142.9

 2,136.5

STORAGE

-6.3

-5.5

-5.7

-6.1

-5.9

-5.5

-5.9

-5.8

-5.4

-5.4

-5.6

-5.9

-6.2

-6.3

-6.0

-6.5

-6.5

-6.6

-6.3

-6.3

-6.6

-5.8

-5.5

-6.2

-7.6

-7.0

-6.8

-6.5

-6.7

-6.3

-6.5

CHANGE

689

1,078

993

734

842

1,014

805

861

1,115

1,056

1,039

852

740

645

792

631

532

522

664

644

488

477

583

447

36

346

410

554

464

442

453

INFLOW

 3,693

 3,704

 3,737

 3,702

 3,763

 3,718

 3,716

 3,703

 3,696

 3,677

 3,707

 3,677

 3,706

 3,680

 3,685

 3,723

 3,688

 3,698

 3,696

 3,687

 3,663

 3,232

 3,175

 3,457

 3,715

 3,706

 3,717

 3,701

 3,687

 3,489

 3,610

POWER

 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

 0

 0

 0

 0

 0

 0

SPILL

 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

 0

 0

 0

 0

 0

 0

OUTLET

 186

 158

 111

 125

 78

 55

 83

 60

 165

 123

 146

 146

 155

 159

 145

 168

 104

 154

 140

 126

 139

 175

 175

 139

 156

 161

 134

 133

 133

 146

 111

C.F.S.

 .40

 .34

 .24

 .27

 .17

 .12

 .18

 .13

 .36

 .27

 .32

 .32

 .34

 .35

 .32

 .37

 .23

 .34

 .31

 .28

 .31

 .39

 .39

 .31

 .35

 .36

 .30

 .30

 .30

 .33

 .25

INCHES

 .00

 .00

 .00

 .00

 .00

 .06

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JULY 2000 TRINITY LAKE DAILY OPERATIONS RUN DATE: August 21, 2000

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -191.2 20,948 113,208 0 0 4,189 9.25 .06

ACRE-FEET -191,200 41,550 224,548 0 0 8,309

COMMENTS:

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

(1) EVAPORATION AND PRECIPITATION RECORDS TAKEN FROM STATION AT TRINITY RIVER HATCHERY.

SUMMARY

RELEASE (ACRE-FEET)

POWER 224,548

SPILL 0

OUTLET

TOTAL

 0

 224,548

PRECIPITATION

THIS MONTH =

TO DATE =

 .06

JULY 1, 2000 .06

 2,327.8

Table 4

(1) (1)
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10494 Conference Calendar

WILLIAM STEVE MCGREW, Plaintiff-Appellant,

versus CITY OF WICHITA FALLS, TEXAS; THE WICHITA FALLS CITY COUNCIL; WF POLICE DEPARTMENT; WICHITA FALLS COUNTY COURT, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 7:97-CV-255-X

- - - - - - - - - - October 20, 1998 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * William Steve McGrew, Texas prisoner #374537, is BARRED from proceeding in forma pauperis (IFP) under the Prison Litigation Reform Act (PLRA) because, on at least three prior occasions while incarcerated, McGrew has brought an action or appeal in a United States Court that was dismissed as frivolous or for failure to state a claim. See McGrew v. Bush , No. 98-10107 (5th Cir. June 16, 1998).No. 98-10494 -2- Accordingly, McGrew’s IFP status is DECERTIFIED, and he may not proceed IFP in any civil action or appeal filed while he is in prison unless he is under imminent danger of serious physical injury. See § 1915(g). The instant appeal is DISMISSED. McGrew has 15 days from the date of this opinion to pay the full appellate filing fee of $105 to the clerk of the district court, should he wish to reinstate his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.
#### § 702.342 Formal hearings; witness fees.

Witnesses summoned in a formal hearing before an administrative law judge or whose depositions are taken shall receive the same fees and mileage as witnesses in courts of the United States (33 U.S.C. 925).
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

 2,324.16

 2,324.22

 2,324.20

 2,324.19

 2,324.22

 2,324.29

 2,324.37

 2,324.40

 2,324.46

 2,324.53

 2,324.61

 2,324.59

 2,324.56

 2,324.49

 2,324.44

 2,324.36

 2,324.25

 2,324.10

 2,323.95

 2,323.77

 2,323.60

 2,323.49

 2,323.32

 2,323.20

 2,323.02

 2,322.81

 2,322.58

 2,322.40

 2,322.14

 2,321.92

 2,321.70

 1,766.5

 1,767.3

 1,767.0

 1,766.9

 1,767.3

 1,768.2

 1,769.3

 1,769.7

 1,770.5

 1,771.4

 1,772.5

 1,772.3

 1,771.9

 1,770.9

 1,770.2

 1,769.2

 1,767.7

 1,765.7

 1,763.7

 1,761.3

 1,759.0

 1,757.6

 1,755.3

 1,753.7

 1,751.3

 1,748.5

 1,745.5

 1,743.1

 1,739.6

 1,736.7

 1,733.8

STORAGE

+0.3

+0.8

-0.3

-0.1

+0.4

+0.9

+1.1

+0.4

+0.8

+0.9

+1.1

-0.3

-0.4

-0.9

-0.7

-1.1

-1.5

-2.0

-2.0

-2.4

-2.3

-1.5

-2.3

-1.6

-2.4

-2.8

-3.1

-2.4

-3.4

-2.9

-2.9

CHANGE

3,152

3,069

2,829

2,726

2,861

2,957

2,865

2,714

2,570

2,274

2,321

1,968

1,788

1,712

1,776

1,654

1,413

1,044

1,213

977

994

1,054

1,051

979

950

855

690

526

422

541

518

INFLOW

 2,899

 2,546

 2,866

 2,645

 2,540

 2,379

 2,196

 2,389

 2,043

 1,708

 1,667

 1,953

 1,844

 2,066

 1,972

 2,075

 2,038

 1,915

 2,075

 2,064

 2,014

 1,644

 2,072

 1,664

 2,022

 2,100

 2,087

 1,601

 2,029

 1,889

 1,870

POWER

 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

 0

 0

 0

 0

 0

 0

SPILL

 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

 0

 0

 0

 0

 0

 0

OUTLET

 118

 118

 98

 149

 118

 106

 130

 122

 122

 94

 114

 150

 146

 118

 142

 118

 118

 141

 149

 122

 122

 149

 121

 121

 137

 160

 141

 129

 132

 121

 113

C.F.S.

 .30

 .30

 .25

 .38

 .30

 .27

 .33

 .31

 .31

 .24

 .29

 .38

 .37

 .30

 .36

 .30

 .30

 .36

 .38

 .31

 .31

 .38

 .31

 .31

 .35

 .41

 .36

 .33

 .34

 .31

 .29

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JULY 2010 TRINITY LAKE DAILY OPERATIONS RUN DATE: August 26, 2010

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -32.6 52,463 64,872 0 0 3,939 10.04 .00

ACRE-FEET -32,600 104,060 128,674 0 0 7,813

COMMENTS:

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

(1) EVAPORATION AND PRECIPITATION RECORDS TAKEN FROM STATION AT TRINITY RIVER HATCHERY.

SUMMARY RELEASE (ACRE-FEET)

POWER 128,674

SPILL 0

OUTLET

TOTAL

 0

 128,674

PRECIPITATION

THIS MONTH =

TO DATE =

 .00

JULY 1, 2010 .00

 1,766.2

(1) (1)
<PAGE>   1

                                                                      Exhibit 11

                               KAYDON CORPORATION
          CALCULATION OF PRIMARY AND FULLY DILUTED EARNINGS PER SHARE
              THREE MONTHS ENDED MARCH 29, 1997 AND MARCH 30, 1996



<TABLE>
<CAPTION>                                     
                                                                      Mar 29, 1997          Mar 30, 1996
                                                                      ------------          ------------
<S>                                                                   <C>                     <C>
Primary Earnings Per Share:
-------------------------- 

Net income                                                            $13,881,000             $12,280,000
                                                                      -----------             -----------

Weighted average common shares outstanding                             16,484,000              16,430,000

Net common shares issuable in respect to
  common stock equivalents, with a
  dilutive effect                                                          59,000                  75,000
                                                                      -----------             -----------

Total weighted average common and
  common share equivalents                                             16,543,000              16,505,000

Primary earnings per common share                                           $0.84                   $0.74



Fully Diluted Earnings Per Share:
-------------------------------- 

Net income                                                            $13,881,000             $12,280,000
                                                                      -----------             -----------

Weighted average common shares outstanding                             16,484,000              16,430,000

Net common shares issuable in respect to
  common stock equivalents, with a
  dilutive effect                                                          72,000                  92,000
                                                                      -----------             -----------

Total weighted average common and
  common share equivalents                                             16,556,000              16,522,000

Fully diluted earnings per common share                                     $0.84                   $0.74


</TABLE>



                                      E-1