alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10(xxix)





Amendment to Employment Agreement





This Amendment to Employment Agreement (this “Amendment”) is entered into effective as of this 31st day of December, 2010 by and among Ray D. Vaughn (the “Executive”), Crescent Financial Corporation, a North Carolina corporation (the “Corporation”), and Crescent State Bank, a North Carolina-chartered bank and wholly owned subsidiary of Crescent Financial Corporation (the “Bank”) and amends that certain Employment Agreement effective as of September 10, 2008 among the aforesaid parties (the “Agreement”).  The Corporation and the Bank are hereinafter sometimes referred to together or individually as the “Employer.”





Whereas, the Executive and the Employer desire to clarify and conform certain provisions of the Agreement in order to comply with Section 409A of the Internal Revenue Code of 1986 (“IRC”).





Now Therefore, in consideration of these premises, the mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows.





1.  The following is added at the end of section 7.8 of the Agreement in order to incorporate IRC Section 409A reimbursement rules:





With regard to any provision herein that provides for reimbursement of expenses or in-kind benefits that are subject to Section 409A of the Internal Revenue Code of 1986, except as permitted by said Section 409A, (i) the right to reimbursement or in-kind benefits is not subject to liquidation or exchange for another benefit, and (ii) the amount of expenses eligible for reimbursement, or in-kind benefits, provided during any taxable year of the Executive shall not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other taxable year of the Executive, provided that (ii) above shall not be violated with regard to expenses reimbursed under any arrangement covered by Section 105(b) of the Internal Revenue Code of 1986 solely because such expenses are subject to a limit related to the period the arrangement is in effect. All reimbursements shall be reimbursed in accordance with the Employer’s reimbursement policies but in no event later than the end of the Executive’s taxable year following the Executive’s taxable year in which the related expense is incurred.





1





In Witness Whereof, the parties have executed this Amendment to Employment Agreement as of the date first written above.





Witnesses


Crescent Financial CorporationBy:Its:Witnesses


Crescent State BankBy:Its:Witnesses


ExecutiveRay D. Vaughn





County of Wake
)) ss:State of North Carolina)





Before me this ___ day of December, 2010, personally appeared the above named ____________________ and Ray D. Vaughn, who acknowledged that they did sign the foregoing instrument and that the same was their free act and deed.





(Notary Seal)
Notary PublicMy Commission Expires:




2
Cite as 2017 Ark. App. 566 

## ARKANSAS COURT OF APPEALS DIVISION II No. CR -17-45

CRAIG ALLEN PLEDGER APPELLANT
V.
STATE OF ARKANSAS APPELLEE Opinion Delivered: November 1, 2017
APPEAL FROM THE FRANKLIN COUNTY CIRCUIT COURT , NORTHERN DISTRICT [NO. 24O CR

- 16 -16]

HONORABLE WILLIAM M. PEARSON , JUDGE
AFFIRMED
RITA W. GRUBER , Chief Judge A jury found appellant, Craig Allen Pledger, guilty of commercial burglary, breaking or entering, and theft of property. His sole point on appeal is that the circuit court abused its discretion in denying his motion in limine and ruling that the State coul d impeach him with his prior felony conviction for failing to register as a sex offender. We hold that appellant’s argument is not preserved for appellate review, and therefore we affirm his
conviction. At the close of the State’s case, appellant’s counsel made a motion in limine to prohibit the State from introducing a prior conviction for failing to register as a sex offender. The State argued that the conviction was admissible as a crime of “dishonesty or false statement” under Arkansas Rule of Evidence 609(a)(2) for the purpose of impeaching appellant’s credibility. The court found that the conviction went “to credibility ” and wasCite as 2017 Ark. App. 566

2 admissible for impeachment purposes under Rule 609, and it denied appellant’s motion. 1 Appellant did not take the stand, and therefore the evidence was not admitted to impeach
him. On appeal, appellant contends that the trial court erred in finding that failing to register as a sex offender constitutes a conviction regarding “dishonesty or false statement” pursuant to Rule 609(a)(2). He contends that he did not testify at trial because of the court’s erroneous ruling. We do not address appellant’s argument because the point on appeal is not preserved. Our supreme court has held that i n orde r to raise and preserve for review a claim of improper impeachment with a prior conviction, a defendant must testify. Harris v.
State , 322 Ark. 167, 171

– 72, 907 S.W.2d 729, 731

– 32 (1995); Smith v. State , 300 Ark. 330,
336

– 37, 778 S.W.3d 947, 950 (1989); se e also Vance v. State , 2011 Ark. App. 231. That precedent controls our decision in this case. Consequently, we affirm appellant’s conviction.
Affirmed.
H IXSON AND M URPHY , JJ. , agree. Lisa- Marie Norris , for appellant. Leslie Rutledge , Att’y Gen., by: Vada Berger , Ass’t Att’y Gen., for appellee.

1 Although the State’s argument for allowing the conviction was pursuant to Rule 609(a)(2), we cannot tell from the court’s oral ruling whether it found the conviction to be admissible under 609(a)(1), (a)(2), or both.
<PAGE>

                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the following Registration
Statements of OMNI Energy Services Corp. of our report dated March 27, 2003,
with respect to the 2002 consolidated financial statements of OMNI Energy
Services Corp. included in its Annual Report on Form 10-K for the year ended
December 31, 2002.

         o        Form S-8 No. 333-49409 (OMNI Energy Services Corp. Stock
                  Incentive Plan and Stock Option Agreements with Certain
                  Employees)

         o        Form S-8 No. 333-80973 (OMNI Energy Services Corp. 1999 Stock
                  Option Plan Stock Incentive Plan)

         o        Form S-8 No. 333-35816 (OMNI Energy Services Corp. 1999 Stock
                  Option Plan)

         o        Form S-3 No. 333-69436 (OMNI Energy Services Corp.
                  Registration Statement)


/s/ Ernst & Young LLP

New Orleans, Louisiana
March 27, 2003
[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Rules and Regulations]
[Page 62399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23928]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-90-AD; Amendment 39-13804; AD 2004-19-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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

SUMMARY: This document corrects a typographical error that appeared in 
airworthiness directive (AD) 2004-19-10 that was published in the 
Federal Register on September 27, 2004 (69 FR 57632). The typographical 
error resulted in the omission of the AD number in one location of the 
document. This AD is applicable to certain Boeing Model 737-100, -200, 
-200C, -300, -400, and -500 series airplanes. This AD requires 
repetitive inspections for corrosion and cracking of the pivot hinge 
pins of the horizontal stabilizer, certain follow-on inspections, and 
replacement of the hinge pins with new or serviceable pins if 
necessary.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6440; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: Airworthiness Directive (AD) 2004-19-10, 
amendment 39-13804, applicable to certain Boeing Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, was published in the 
Federal Register on September 27, 2004 (69 FR 57632). That AD requires 
repetitive inspections for corrosion and cracking of the pivot hinge 
pins of the horizontal stabilizer, certain follow-on inspections, and 
replacement of the hinge pins with new or serviceable pins if 
necessary.
    As published, the AD number is missing in the Product 
Identification line in the regulatory text of the AD. The correct AD 
number is 2004-19-10. The AD number is referenced correctly throughout 
the remainder of the AD.
    Since no other part of the regulatory information has been changed, 
the final rule is not being republished in the Federal Register.
    The effective date of this AD remains November 1, 2004.


Sec.  39.13  [Corrected]

0
On page 57634, in the third column, the Product Identification line of 
AD 2004-19-10 is corrected to read as follows:
* * * * *
2004-19-10 Boeing: Amendment 39-13804. Docket 2003-NM-90-AD.
* * * * *

    Issued in Renton, Washington, on October 18, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-23928 Filed 10-25-04; 8:45 am]
BILLING CODE 4910-13-P
§ 122.11 Designation as international airport. ( a ) *Procedure.* International airports, as defined in § 122.1(e), will be designated after due investigation to establish that sufficient need exists in any port to justify such designation and to determine the airport best suited for such purpose. In each case, a specific airport will be chosen. International airports will be publicly owned, unless circumstances require otherwise
( b ) *Withdrawal of designation.* The designation as an international airport may be withdrawn for any of the following reasons: ( 1 ) The amount of business clearing through the airport does not justify maintenance of inspection equipment and personnel;
( 2 ) Proper facilities are not provided or maintained by the airport;
( 3 ) The rules and regulations of the Federal Government are not followed; or
( 4 ) Some other location would be more useful.
( c ) *Providing office space to the Federal Government.* Each international airport shall provide, without cost to the Federal Government, proper office and other space for the sole use of Federal officials working at the airport. A suitable paved loading area shall be supplied by each airport at a place convenient to the office space. The loading area shall be kept for the use of aircraft entering or clearing through the airport.
### IN THE UNI TED STAT ES COURT OF APPEALS FOR THE FIF TH CIRCU IT

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. 1 0

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. V I R G I L L A N E , D e f e n d a n t

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r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e N o r t h e r n D i s t r i c t o f T e x a s U S D C N o
. 5 : 0 9

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- 1

B e f o r e J O L L Y , S T E W A R T , a n d O W E N , C i r c u i t J u d g e s
. P E R C U R I A M : * A p p e a l i n g t h e j u d g m e n t i n a c r i m i n a l c a s e , V i r g i l L a n e p r e s e n t s

a r g u m e n t s t h a t h e c o n c e d e s a r e f o r e c l o s e d b y U n i t e d S t a t e s v
. W h a l e y , 5 7 7 F

. 3 d
2 5 4 , 2 5 8

- 6 1 ( 5 t h C i r
. 2 0 0 9 ) , i n w h i c h t h i s c o u r t r e j e c t e d c o n s t i t u t i o n a l c h a l l e n g e s t o t h e S e x O f

f e n d e r R e g i s t r a t i o n a n d N o t i f i c a t i o n A c t

. T h e G o v e r n m e n t ’ s m o t i o n f o r s u m m a r y a f

f i r m a n c e i s G R A N T E D , a n d t h e j u d g m e n t o f t h e d i s t r i c t c o u r t i s A F F I R M E D

. 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 June 22 , 20 10 Lyle W . Cayce Clerk

Purs uant to 5 T H C I R

. 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 I R

. R. 47.5 .4. Case: 10-10046 Document: 00511150238 Page: 1 Date Filed: 06/22/2010
#### § 122.51 Aircraft of domestic origin registered in the U.S.

After Customs inspection of the aircraft, passengers, baggage and merchandise at the entry airport, commercial aircraft of domestic origin registered in the U.S. may be allowed to proceed to other airports in the U.S. without permit.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of the cancellation of the National Institute of Allergy and Infectious Diseases Special Emphasis Panel, October 26, 2004, 1 p.m. to October 26, 2004, 4 p.m., National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive, Bethesda, MD 20817 which was published in the                     **Federal Register**                     on October 6, 2004, 69 FR 193 page 59942.                

The meeting is cancelled due to the withdrawal of the application to be reviewed.

Dated: October 14, 2004.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 04-23659 Filed 10-21-04; 8:45 am]

BILLING CODE 4140-01-M
II 

117TH CONGRESS 

1ST SESSION S. 804 

To amend the Internal Revenue Code of 1986 to increase the limitation 

on the amount individuals filing jointly can deduct for certain State 

and local taxes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17 (legislative day, MARCH 16), 2021 

Ms. COLLINS introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to increase 

the limitation on the amount individuals filing jointly 

can deduct for certain State and local taxes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘SALT Deduction Fair5 ness Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 804 IS

1 SEC. 2. INCREASE IN LIMITATION ON DEDUCTION FOR IN2 DIVIDUALS FILING JOINTLY ON STATE AND 

3 LOCAL TAXES. 

4 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter5 nal Revenue Code of 1986 is amended by striking 

6 ‘‘$10,000 ($5,000 in the case of a married individual filing 

7 a separate return)’’ and inserting ‘‘$10,000 (twice such 

8 amount in the case of a joint return)’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to taxable years beginning after 

11 December 31, 2020. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
United States Nuclear Regulatory Commission

Office of Public Affairs, Region II

61 Forsyth Street, Suite 23T85, Atlanta, GA 30303

Tel. 404-562-4416 or 4417 Fax 404-562-4980

Internet: kmc2@nrc.gov or rdh1@nrc.gov

No: II-98-45 FOR IMMEDIATE RELEASE

Contact: Ken Clark or Roger Hannah (Wednesday, June 10, 1998)

NRC OFFICIAL TO HOLD NEWS CONFERENCE TO DISCUSS

REGULATORY ISSUES AND STATUS OF CRYSTAL RIVER

Nuclear Regulatory Commission official, Luis A. Reyes, administrator of the

agency’s Region II office in Atlanta, will hold a news conference at Crystal River, Florida

at 12:30 p.m. on Thursday, July 2, to discuss with media representatives the status of

the Crystal River nuclear power plant and other matters of mutual regulatory interest.

The news conference will be held at the Crystal River nuclear power plant training

center immediately following discussions between NRC officials and Florida Power

Corporation management on details of the NRC’s latest Systematic Assessment of

Licensee Performance report on Crystal River. The meeting will be held in the plant

training center, located on South Venable Street near the Crystal River airport.

The news conference is being held as part of an NRC program to make senior

officials available to meet with news media representatives on a periodic basis to

provide briefings on subjects of current interest and answer questions from reporters

who attend.

#
§ 191.173 Imported duty-paid derivatives (no manufacture). When the basis for drawback under 19 U.S.C. 1313(p) is imported duty-paid petroleum derivatives (that is, not articles manufactured under 19 U.S.C. 1313(a) or (b)), the requirements for drawback are as follows: ( a ) *Imported duty-paid merchandise.* The imported duty-paid merchandise designated for drawback must be a “qualified article” as defined in § 191.172(a) of this subpart;
( b ) *Exported article.* The exported article on which drawback is claimed must be an “exported article” as defined in § 191.172(c) of this subpart;
( c ) *Exporter.* The exporter of the exported article must have either: ( 1 ) Imported the qualified article in at least the quantity of the exported article; or
( 2 ) Purchased or exchanged (directly or indirectly) from an importer an imported qualified article in at least the quantity of the exported article;
( d ) *Time of export.* The exported article must be exported within 180 days after the date of entry of the designated imported duty-paid merchandise; and
( e ) *Amount of drawback.* The amount of drawback payable may not exceed the amount of drawback which would be attributable to the imported qualified article under 19 U.S.C. 1313(j)(1) which serves as the basis for drawback.
[T.D. 98-16, 63 FR 11006, Mar. 5, 1998, as amended by T.D. 02-16, 67 FR 16637, Apr. 8, 2002]
### **CHAPTER 31—MARINE MINERAL RESOURCES RESEARCH**

Sec.
1901.
Definitions.
1902.
Research program.
1903.
Grants, contracts, and cooperative agreements.
1904.
Marine mineral research centers.
1905.
Authorization of appropriations.
EXHIBIT 12

                  PRIME MEDICAL SERVICES, INC. AND SUBSIDIARIES
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
              FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1999 AND 1998
                                   (Unaudited)



                                   EXHIBIT 12

<TABLE>
<S>                                                                             <C>                 <C>
($ in thousands)                                                                   Nine Months Ended September 30,
                                                                                    1999                1998
                                                                                  -------             -------
Income before income taxes and
     after minority interest                                                     $ 19,670             $10,951
Undistributed equity income                                                          (236)                (41)
Minority interest income of subsidiaries
     with fixed charges                                                             2,782               2,831
                                                                                  -------             -------
Adjusted earnings                                                                  22,216              13,741
                                                                                  -------             -------
Interest on debt                                                                    7,010               6,426
Debt issuance costs                                                                   --                4,982
                                                                                  -------             -------
Total fixed charges                                                                 7,010              11,408
                                                                                  -------             -------
Total available earnings before fixed charges                                     $29,226             $25,149
                                                                                  =======             =======
Ratio                                                                                 4.2                 2.2
                                                                                  =======             =======







</TABLE>
<PAGE>

                                                                   EXHIBIT 23.1

              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-43051 and No. 333-83609) pertaining to the 1996 Stock Option
Plan of Seagate Software, Inc. of our report dated July 23, 1999, with respect
to the consolidated financial statements and schedule of Seagate Software,
Inc. included in the Annual Report (Form 10-K) for the year ended July 2,
1999.

                                          /s/ Ernst & Young LLP

San Jose, California
August 30, 1999